(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Racial isolation in the public schools; a report"

RACIAL ISOLATION 

in the Publi( 



oois 



CRI 




"^'- Thurgood Marshall Law Library 
The University of Maryland School of Law 



- \4 




A Report of the United States Commission on Civil Rishts • 1967 



U.S. COMMISSION ON CIVIL RIGHTS 

The U.S. Commission on Civil Rights is a temporary, independent, bi- 
partisan agency established by Congress in 1957 and directed to: 

• Investigate complaints alleging that citizens are being deprived of their 
right to vote by reason of their race, color, religion, or national origin, 
or by reason of fraudulent practices; 

• Study and collect information concerning legal developments con- 
stituting a denial of equal protection of the laws under the Constitution; 

• Appraise Federal laws and policies with respect to equal protection of 
the laws; 

• Serve as a national clearinghouse for information in respect to denials 
of equal protection of the laws; and 

• Submit reports, findings, and recommendations to the President and 
the Congress. 



Members of the Commission 

John A. Hannah, Chairman 

Eugene Patterson, Vice Chairman 

Frankie M. Freeman 

Erwin N. Griswold 

Rev, Theodore M. Hesburgh, C.S.C. 

Robert S. Rankin 

William L. Taylor, Staff Director 



CR 1.2:Sch6/12/v.l 



Racial Isolation 

in the 
Public Schools 



Volume 1 



A Report of the 
U.S. Commission on Civil Rights 



For sale by the Superintendent of Documents, U.S. Government Printing Office 
Washington, D.C. 20402 - Price $1.00 (paper cover) 



ACKNOWLEDGMENTS 

The Commission expresses its sincere appreciation for the counsel 
and assistance of the men and women distinguished in the fields of edu- 
cation, social science, law, and race relations who were helpful in the 
preparation of this report. The Commission also is grateful for the 
cooperation of officials and agencies of the Federal Government. 

In particular, the Commission is indebted to the Staff Director, the 
Chief Consultant of the Race and Education Study, and the diligent 
staff of the agency : 

William L. Taylor, Staff Director 

M. Carl Holman, Deputy Staff Director 

David K. Cohen, Director, Race and Education Study 

Thomas F. Pettigrew, Chief Consultant, Race and Education Study 

Martin E. Sloane, Special Assistant to the Staff Director 

Howard A. Glickstein, General Counsel 

David Rubin, Deputy General Counsel 

A special debt of gratitude is owed members of the Advisory Commit- 
tee for the Race and Education Study and those members of the Com- 
mission's various State Advisory Committees who gave valuable assist- 
ance to the project. A list of consultants and staff members assigned 
to the Race and Education Study and others who worked on various 
phases of this report appears at the end of this volume. 



Library 
U. S. Documents Collection 



LETTER OF TRAl 

The United States Commission on Civil Rights, 

Washington, D.C., February 9, 1967. 

The President of the United States : 

The Commission on Civil Rights presents to you its report on racial 
isolation in the public schools, a report prepared pursuant to your request 
of November 17, 1965, asking the Commission to gather the relevant facts 
and make them available to the Nation. 

The Commission's study substantiates your belief that racial isolation in 
the schools serves as a deterrent to the full development of the country's 
human resources. It presents evidence of the harmful effects of such 
isolation on young people and on our society. 

We hope our findings and recommendations will, as you suggested, 
pro\'ide the Nation with information that will serve as a basis for remedial 
action by local school authorities, the States, and the Federal Govern- 
ment — action to assure quality education for all American children. 
Respectfully yours, 

John A. Hannah, Chairman. 

Eugene Patterson, Vice Chairman. 

Frankie M. Freeman. 

Erwin N. Griswold. 

Rev. Theodore M. Hesburgh, C.S.C. 

Robert S. Rankin. 



HI 



The White House, 
Washington, November 17, 1965. 

Dear Mr. Chairman: 

The future of our Nation rests on the quality of the education its young 
people receive. And for our Negro children quality education is especially 
vital because it is the key to equality. 

In the past decade this Nation has moved with increasing speed toward 
the elimination of discrimination and segregation in education, and in 
housing, employment, voting, and access to public facilities and accom- 
modations. However, long after we have done all we can to eliminate 
past inequities, we will continue to pay their costs in stunted lives. Because 
millions of Negroes were deprived of quality education and training in basic 
skills, because they were given to believe that they could aspire only to the 
most menial and insecure places in our society, they are seriously handi- 
capped in taking advantage of opportunities afforded by new laws, new 
attitudes and an expanding economy. We can no longer tolerate such 
waste of human resources. 

Although we have made substantial progress in ending formal segregation 
of schools, racial isolation in the schools persists — both in the North and 
the South — because of housing patterns, school districting, economic stratifi- 
cation and population movements. It has become apparent that such isola- 
tion presents serious barriers to quality education. The problems are more 
subtle and complex than those presented by segregation imposed by law. 
The remedies may be difficult. But as a first and vital step, the Nation 
needs to know the facts. 

These problems of race and education fall within the responsibilities 
which Congress has assigned to your Commission, and I request it to gather 
the facts and make them available to the Nation as rapidly as possible. I 
know that the Commission will wish to consult with Secretary Gardner and 
Attorney General Katzenbach to obtain the benefit of their experience, and 
I am sure they will make the facilities of their Departments available to 
assist the Commission. 

I trust that the task can be completed expeditiously and that your findings 
may provide a basis for action not only by the Federal Government but 
also by the States and local school boards which bear the direct responsibility 
for assuring quality education. 
Sincerely, 



Lyndon B. Johnson. 
Hon. John A. Hannah, 

Chairman, U.S. Commission 071 Civil Rights, 
Washington, D.C. 



IV 



Preface 

This report on race and education has been prepared at the request 
of President Johnson, who on November 17, 1965, asked the U.S. Com- 
mission on Civil Rights to gather the facts bearing on racial isolation in 
the schools and make them available to the Nation as rapidly as possible. 
In making this request, the President outlined the scope and importance 
of the problem to which he wished the Commission to address itself. In 
a letter to John A. Hannah, Chairman of the Commission, the President 
said: 

Although we have made substantial progress in ending formal 
segregation of schools, racial isolation in the schools persists — both 
in the North and the South — because of housing patterns, school 
districting, economic stratification and population movements. It 
has become apparent that such isolation presents serious barriers to 
quality education. The problems are more subtle and complex 
than those presented by segregation imposed by law. The reme- 
dies may be difficult. But as a first and vital step, the Nation needs 
to know the facts. 

In preparing this study the Commission first defined the limits of its 
inquiry and the areas of particular emphasis. In accordance with the 
President's request, the inquiry has been limited to school segregation 
resulting from circumstances other than legal compulsion. Further, 
priority attention has been given to the Nation's cities and metropolitan 
areas. Two-thirds of all Americans — white and Negro — live in metro- 
politan areas, and two-thirds of the Nation's school children are edu- 
cated in urban schools. 

The Commission's factfinding has involved four general subject areas : 
( 1 ) The extent of racial isolation in the public schools and the extent 
of the disparity in educational achievement between white and Negro 
school children; (2) the factors that contribute to intensifying and 
perpetuating school segregation; (3) the relationship between racially 
isolated education and the outcomes of that education, and the impact 
of racial isolation on the attitudes and interracial associations of Negroes 
and whites; and (4) the various programs that have been proposed or 
put into operation for remedying educational disadvantage and relieving 
racial isolation in the schools. 

The Commission recognized that an intensive exploration of these sub- 
ject areas would involve complex issues, often of a highly technical nature. 
Further, there was need to collect and analyze a large volume of material 
in a comparatively short period of time. Therefore, the Commission 



sought the services of experienced individuals and organizations to assist 
its staff in the study. Experts and consultants were engaged to perform 
research in specialized areas. Papers were commissioned concerning a 
variety of subjects related to the problems of school segregation. All 
material provided to the Commission from outside sources has been 
analyzed by the Commission and its staff. 

Conferences were held with school administrators and teachers to ob- 
tain the views and suggestions of those who have working experience in 
both segregated and desegregated public schools. The Commission also 
held hearings and conducted investigations in a number of cities to learn 
from parents, teachers, community leaders, and school officials how 
American communities are meeting problems of race and education. 

Of particular assistance to the Commission has been its Advisory 
Committee on Race and Education, consisting of the following distin- 
guished educators and students of American society: 

Dr. Thomas F. Pettigrew (Chairman), Associate Professor of Social 

Psychology, Harvard University, Cambridge, Mass. 
Dr. Samuel Brownell, former Superintendent of Schools, Detroit, Mich. 
Dr. Benjamin E. Carmichael, former Superintendent of Schools, Chat- 
tanooga, Tenn. 
Dr. Kenneth B. Clark, Director, Social Dynamics Research Institute, 

City College, New York, N.Y. 
Mrs. Elizabeth Cole, Consultant, U.S. Office of Education, Washington, 

D.C.* 
Dr. James Coleman, Professor of Sociology, Johns Hopkins University, 

Baltimore, Md. 
Dr. Rashi Fein, Economist, Brookings Institution, Washington, D.C. 
Dr. John H. Fischer, President, Teachers College, Columbia University, 

New York, N.Y. 
Dr. Philip Hauser, Director, Population Research and Training Center, 

University of Chicago, Chicago, 111. 
Dr. Vivian Henderson, President, Clark College, Atlanta, Ga. 
Dr. Peter Rossi, Director, National Opinion Research Center, University 

of Chicago, Chicago, 111. 
Dr. Judson Shaplen, Dean, Graduate School of Education, Washington 

University, St. Louis, Mo. 
Dr. Neil V. Sullivan, Superintendent of Schools, Berkeley, Calif. 
Mr. John Wheeler, President, Mechanics and Farmers Bank, Durham, 

N.C. 
Dr. Robin WiHiams, Professor of Sociology, Cornell University, Ithaca, 

N.Y. 

The Advisory Committee was established at the inception of the 
Commission's inquiry and has provided continuing guidance through- 
out the study. The comments and suggestions of Committee members 

*Deceased. 



VI 



have contributed substantially to the value of the report. Responsibility 
for the accuracy of the material contained in the report and for the 
views expressed in it, however, rests with the Commission. 

In each of the four general areas of inquiry, the Commission has 
sought to obtain detailed information on a nationwide basis. Data on 
the racial composition of schools have been obtained from school systems 
representing more than 100 communities throughout the country — 
school systems of varying sizes, containing different proportions of Negro 
enrollment, and representative of every region. In almost all cases 
these data have been provided by local school officials, and the Com- 
mission is grateful for their cooperation. 

The Commission also examined and evaluated the factors that con- 
tribute to the perpetuation and intensification of school segregation. 
Factors relating to population movement within metropolitan areas and 
the impact of residential segregation were examined closely by Dr. Karl 
Taeuber of the University of Wisconsin, who prepared special studies 
for the Commission of trends in the distribution of white and nonwhite 
populations within representati\e metropolitan areas. Commission stafT 
explored the impact of residential segregation on racial concentrations in 
schools, both in a metropolitan context and within central cities. Federal 
housing policies and practices were analyzed to determine their effective- 
ness in counteracting residential segregation, and the impact of Federal 
housing programs on racial concentrations in schools was investigated in 
a number of cities. 

Dr. Charles Benson, of the University of California at Berkeley, work- 
ing in conjunction with the Dumbarton Research Council, was engaged 
to assist in analyzing the fiscal disparities between city and suburban 
school systems. The equalizing effect of State and Federal financial 
assistance programs also was evaluated. 

School policies and practices were examined in a number of cities, 
to determine their effect on patterns of school segregation. The policies 
and practices of 15 school systems were investigated by Commission staff. 
Research teams directed by the following persons conducted intensive 
studies of the school systems of se\en of these cities for the Commission : 
Boston, Mass. — Dr. Marc A. Freed, Research Professor and Director, In- 
stitute of Human Sciences, Boston College, Boston, Mass. ; Philadelphia, 
Pa. — Dr. Howard Mitchell, Director, Human Resources Program, Uni- 
versity of Pennsylvania, Philadelphia, Pa.; Atlanta, Ga. — Dr. Tilman 
Cothran, Chairman, Sociology Department, Atlanta University, Atlanta, 
Ga. ; St. Louis, Mo. — Herbert Semmel, Associate Professor of Law, Col- 
lege of Law, University of Illinois, Champaign, 111. ; Milwaukee, Wis. — 
Ralph Showalter, Executive Director, The Social Development Corpora- 
tion, Washington, D.C.; Cleveland, Ohio — Dr. Willard Richan, Asso- 
ciate Professor of Social Work, School of Applied Social Sciences, West- 

vii 



ern Reserve University, Cleveland, Ohio; Oakland, Calif. — Sheila 
Spaulding, Dumbarton Research Council, Menlo Park, Calif. 

In exploring the impact of racial isolation in schools on achievement 
and attitudes, the Commission obtained a broad range of information 
relating both to school achievement and student attitudes and to the 
development of later attitudes and associations of Negro and white 
adults. The U.S. Office of Education Survey, Equality of Educa- 
tional Opportunity, provided a basic fund of nationwide data on student 
achievement and attitudes. These data were examined and subjected 
to further analysis by Commission staff with the assistance of experts 
and consultants. Special analysis of these data was done for the Com- 
mission by Dr. David Armor of Harvard University. In addition, the 
Commission engaged Dr. Alan Wilson of the University of California 
at Berkeley to collect similar information from a single school system — 
Richmond, Calif. — and to provide an analysis in depth of the same 
factors. The Commission broadened its inquiry beyond school experi- 
ence by conducting surveys of recent high school graduates and adults. 
The Dumbarton Research Council of Menlo Park, Calif., under con- 
tract with the Commission, conducted a survey of the post-school attitudes 
and experiences of recent Negro and white graduates of the Oakland, 
Calif., public schools. The National Opinion Research Center of the 
University of Chicago, under a Commission contract, conducted a 
national survey of Negro and white adults, relating school experiences to 
later life attitudes and achievement. 

Many programs aimed at remedying educational disadvantage and 
eliminating racial isolation in schools are currently being carried on in 
cities throughout the country. The Commission examined and evaluated 
the effectiveness of several of these programs. Dr. Marvin Cline of 
Howard University assisted the Commission staff in assessing data on 
programs of compensatory education. A research team directed by Dr. 
Robert Stout of the University of California at Berkeley investigated the 
operation of programs aimed at eliminating school segregation. The 
Commission conducted hearings in two cities — Rochester, N.Y. and Bos- 
ton, Mass. — where programs have been initiated to foster school desegre- 
gation. The Commission also explored a number of proposals for re- 
medial action not yet in operation, and commissioned special papers on 
the potential problems and advantages of innovative educational tech- 
niques from the following educators: 

Dr. Don Bushnell, Associate Director, Brooks Foundation, Santa Bar- 
bara, Cahf , ; Dr. Paul Davidoff , Director, Urban Planning Program, 
Hunter College of the City University of New York, New York, N.Y. ; 
Dr. John H. Fischer, President, Teachers College, Columbia Univer- 
sity, New York, N.Y. ; Dr. John Goodlad, University of California, Los 
Angeles, and Institute for Development of Educational Activities, Los 



Angeles, Calif.; Mr. Francis J. Keppel, Chairman of Board of Direc- 
tors, General Learning Corp., New York, N.Y.; Dr. Dan C. Lortie, 
Midwest Administration Center, Department of Education, University 
of Chicago, Chicago, 111.; Dr. Neil V. Sullivan, Superintendent of 
Schools, Berkeley, Calif.; and Dr. Ralph W. Tyler, Director, Center for 
Advanced Study in Behavioral Sciences, Palo Alto, Calif. 

Also of concern to the Commission is the current and potential role 
of government and the legal and constitutional aspects of continued racial 
isolation in the schools. The Commission surveyed Federal and State 
law addressed to school desegregation and examined existing case law 
bearing on the constitutional obligation to eliminate school segregation. 
In addition, the legal authority of the States and of the Federal Govern- 
ment to deal with the problem of racial isolation in the schools was 
explored. 

The Commission is aware that the subject of this report is of great 
national concern and controversy. The President said in requesting the 
Commission to prepare this report : 

The future of our Nation rests on the quality of the education 
its young people receive. And for our Negro children quality 
education is especially vital because it is the key to equality. 

Quality education for all children is an undisputed goal of American 
public education. There is sharp disagreement, however, over whether 
this goal can or should be achieved within the confines of racially isolated 
school systems. In communities throughout the country, issues involv- 
ing racial isolation in the public schools, symbolized by headlines on 
"busing" and "neighborhood schools," have been the subject of 
considerable controversy. 

The Commission has sought out the facts in the hope of shedding 
needed light on the issues. On the basis of its findings, the Commission 
has made recommendations which may provide a basis for action by 
government at all levels; action that it hopes will fulfill for all American 
children — Negro and white alike — the promise of equality of educational 
opportunity. 



Contents 



Chapter 1. Racial Isolation: Extent and Context 1 

Extent of Racial Isolation in the Public Schools 2. Growth of Racial 
Isolation in the Schools 8. Racial Isolation and Population Trends 11. 
Educational Disparities 13. Other Disparities 14. 

Chapter 2. Causes of Racial Isolation 17 

Metropolitan Dimensions 17. School District Organization 17. The 
Population Trend 18. Social and Economic Trends 19. Housing 20. 
Fiscal Disparities 25. Racial Isolation and the Central City 31. Central 
City Housing 31. Nonpublic Schools 38. Educational Policies and 
Practices 39. The Development of Northern Attendance Patterns 40. 
Purposeful Segregation 42. School Construction 44. Alternatives to New 
School Construction 50. Exceptions to Neighborhood Attendance 51. 
Southern and Border State Schools 59. Geographical Considerations 60. 
Free Choice Provisions 66. 

Chapter 3. Racial Isolation and the Outcomes of Education 73 

Social Class and the Outcomes of Education 77. Individual Social 
Class 77. The Social Class Composition of Schools 81. School Social 
Class and Performance 84. The Question of Selection 87. Social Class 
and Racial Composition 89. School Quality and Student Performance 91. 
The Extent of Disparities in Qualitv 92. School Quality and the Social 
Class Composition of Schools 94. School Quality and Racial Compo- 
sition 96. Racial Composition and Student Performance 100. Selection 100. 
The Racially Isolated School 103. Cumulative Effects 106. The Perpetua- 
tion of Racial Isolation 109. Attitudes 110. Associations 112. 

Chapter 4. Remedy 115 

Compensatory Programs in Isolated Schools 115. Effects of Compen- 
satory Education in Majority-Negro Schools 120. Comparative EflFects 
of Compensatory Programs and Desegregation 128. School Desegregation: 
Extent and Techniques 140. Small Cities and Suburbs 141. Larger 
Cities 146. Metropolitan Desegregation 151. Factors in Successful School 
Desegregation 154. Plans and Proposals 163. Supplementary Centers 
and Magnet Schools 164. Education Complexes 166. Education Parks 167. 

Chapter 5. Racial Isolation: The Role of Law 185 

The Constitutional Duty of a State to Eliminate Racial Isolation in the 
Public Schools — The Judicial Decisions 185. Actions by States to Eliminate 
Racial Isolation 186. The Congressional Response 187. The Need for 
Congressional Remedy 187. The Power of Congress to Enact Legislation 
Eliminating Racial Isolation in the Schools 188. 
Conclusion 193. 
Findings 199. 
Recommendations 209. 

Supplementary Statement by Commissioner Freeman 213. 
Supplementary Statement by Commissioner Hesburgh 215. 
Legal Appendix 219. 

xi 



Chapter 1 

Racial Isolation: Extent and 
Context 

Education long has been recognized as one of the important ways in 
which the promise of America — equality of opportunity — can be ful- 
filled. The public schools traditionally have provided a means by which 
those newly arrived in the cities — the immigrant, and the impoverished — 
have been able to join the American mainstream. The hope for public 
education always has been that it would be a means of assuring equal 
opportunity and of strengthening and unifying American society.^ 

During the early years of the Republic, Thomas JefTerson said of 
education's role : 

The object is to bring into action that mass of talents which lies 
buried in poverty in every county for want of means of develop- 
ment, and thus give activity to a mass of mind, which in proportion 
to our population, shall be the double or treble of what it is in 
most countries. - 

In the middle of the 19th century, Horace Mann defined education as 
the "great equalizer of the conditions of men — the balance wheel of the 
social machinery." ' Today, the role of education in the attain- 
ment of equal opportunity is even more critical. The U.S. Supreme 
Court, in its 1954 decision on school desegregation, said of education: 

Today it is a principal instrument in awakening the child to cul- 
tural values, in preparing him for later professional training, and 
in helping him to adjust normally to his environment. In these 
days, it is doubtful that any child may reasonably be expected to 
succeed in life if he is denied the opportunity of an education.^ 

^ As a recent report on education put it: "Americans have typically thought of 
education as a healer of great social divisions. When the need arose to make one 
nation out of many communities of foreign origin, the people turned to the public 
schools, and their faith was justified." Educational Policies Commission of the Na- 
tional Education Association and the American Association of School Administrators, 
American Education and the Search for Equal Opportunity 4 (1965). 

'^ "Letter from Thomas Jefferson to Mr. Correa, Nov. 25, 1817," in 7 The Writings 
Of Thomas Jefferson 94-95 (Washington ed. 1854). 

'^ "Twelfth Annual Report of Horace Mann as secretary of the Massachusetts State 
Board of Education (1848)," in Documents in American History 318 (Commager 
cd. 1958). 

' Brown v. Board of Education of Topeka, 347 U.S. 483, 493 (1954). 

1 



The Brown case — the culmination of a number of Supreme Court de- 
cisions concerned with the meaning of equahty in public education ' — 
held that governmentally enforced school segregation violated the 14th 
amendment. "Separate educational facilities," the Supreme Court said, 
"are inherently unequal." '' 

Although the immediate impact of the Court's ruling was upon the 
Southern and border States that compelled or authorized segregation in 
the public schools, the decision spurred concern about the extent of school 
segregation throughout the Nation and the benefits being derived by 
Negro children from the educational process. This chapter is addressed 
to some of the basic facts which underlie this concern. 



Extent of Racial Isolation 
in the Public Schools 

Twelve years after the Supreme Court's decision, the U.S. Office of 
Education in its national survey. Equality of Educational Opportunity, 
found that : 

. . . when measured by that yardstick [segregation], American 
public education remains largely unequal in most regions of the 
country, including all those where Negroes form any significant 
proportion of the population.' 

. . . the great majority of American children attend schools that 
are largely segregated — that is, almost all of their fellow students 
are of the same racial background as they are. - 

Sixty-five percent of all first grade Negro pupils surveyed attend schools 
that have an enrollment 90 percent or more Negro, while almost 80 
percent of all first grade white students surveyed attend schools that are 
90 percent or more white." A substantially greater proportion of Negro 
students attend schools that are 50 percent or more Negro. Approxi- 

'See e.g., Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938); Sweatt v. 
Painter, 339 U.S. 629 (1950); McLaurin v. Oklahoma State Regents for Higher 
Education, 339 V.S. 637 (1950). 

"347 U.S. at 493. 

'Coleman et al., Equality of Educational Opportunity 3 (1966). The study, 
which was required in title IV of the Civil Rights Act of 1964, was carried out by 
the National Center for Educational Statistics of the U.S. Office of Education. Dr. 
James Coleman of The Johns Hopkins University had major responsibility for the 
design, administration, and analysis of the study. Hereinafter cited as the OE 
Survey. 

' Ibid. 

' Ibid. 



mately 87 percent of all Negro first graders are in such schools ^^ — 72 per- 
cent in the urban North; 97 percent in the urban South.^^ 

National or regional averages such as these, however, do not reflect 
the full dimensions of school segregation. The Commission's investiga- 
tions found that in the Nation's metropolitan areas — where two-thirds of 
both the Nation's Negro and white populations now live — school segre- 
gation is more severe than the national figures suggest. And it is growing. 

In 15 large metropolitan areas in 1960, 79 percent of the nonwhite ^- 
public school enrollment was in central city schools, while 68 percent of 
the white enrollment was suburban.^ * In Cleveland, 98 percent of the 
nonwhite metropolitan public school children were in the central city 
schools in 1960, and 69 percent of the whites were in suburban public 
schools.^ ' The Cleveland city schools were 47 percent nonwhite in 1960. 
By 1965, they were more than 50 percent nonwhite.^ ' In Philadelphia, 
77 percent of the nonwhite metropolitan public school children were in 
the city schools in 1960, and 73 percent of the white children were in 
suburban public schools.^" In 1960, the Philadelphia city schools were 
48 percent Negro. By 1965, they were almost 60 percent Negro.^' 
This pattern of racial concentration is typical of major metropolitan 
areas. ^^ 

Racial concentration also is severe within the central cities. Table 1 
shows the extent of elementary school segregation in 75 cities.^" In these 
cities 75 percent of the Negro students are in elementary schools with en- 
rollments that are nearly all-Negro (90 percent or more Negro), while 
83 percent of the white students are in nearly all-white schools. Nearly 



" Ibid. 

"W. at 40, table 2.14.1. 

'" Although the Commission's concern in this report is with racial isolation of 
Negroes, statistical data frequently arc available only in terms of "whites" and "non- 
whites." As of 1960, Negroes constituted 92 percent of the Nation's nonwhite popula- 
tion. In some cities, such as Los Angeles and San Francisco, where other races repre- 
sent a substantial proportion of the population, data on nonwhites generally are not 
necessarily true for Negroes specifically. In instances where data are only available 
on a white-nonwhite basis, the Commission generally has chosen for examples cities 
where Negroes represent virtually all of the nonwhite population. 

'■' Tables on school enrollment in selected metropolitan areas, prepared for the 
Commission by Prof. Karl E. Taeuber of the University of Wisconsin. The 15 metro- 
politan areas are Boston, Atlanta, Philadelphia, Milwaukee, St. Louis, Houston, Cin- 
cinnati, Baltimore, Chicago, Birmingham, Pittsburgh, New Orleans, Buffalo, Mem- 
phis, San Francisco-Oakland. 

" Taeuber, Population Distribution and Residential Segregation in Cleveland, 
a special report prepared for the Commission, Table 4 ( 1966) . 

' ' Data received from the Cleveland, Ohio public school system. 

'" Taeuber, op. cit. supra note 13. 

" Data received from the Philadelphia, Pa. public school system. 

'^ See note 13 supra. 

"" For a discussion of the importance of school desegregation at the elementary school 
level, see chapter III at 106-108. 



243-637 O— 67- 



Table 1. — Extent of elementary school segregation in 75 school systeins 



City 



Mobile, Ala 

Tuscaloosa, Ala 

Little IJock, Ark 

Pine Bluff, Ark 

Los Angeles, Calif 

Oakland, Calif 

Pasadena, Calif 

Hichmoiul, Calif 

San Diego, Calif 

San Francisco, Calif 

Denver, Colo 

Hartford, Conn 

New Haven, Conn 

Wilmington, Del 

Miami, Fla 

Tallahassee, Fla 

Amcricus, Ga 

Atlanta, Ga 

Augusta, Ga 

Marietta, Ga 

Chicago, ni 

East St. Louis, HI 

Peoria, HI 

Fort Wayne, Ind 

Gary, Ind 

Indianapolis, Ind 

Wichita, Kans 

Louisville, Ky 

New Orleans, La 

Baltimore, Md 

Boston , Mass 

Springfield, Mass 

Detroit, Mich 

Flint, Mich 

Minneapolis, Minn 

Hatticsburg, Miss 

Vicksburg, Miss 

Kansas City, Mo 

St. Joseph, "Mo 

St. Louis, Mo 

Omaha, Nebr 

Newark, N.J 

Camden, N.J 

Albany, N.Y 

Buffalo, N.Y 

New York City, N.Y2» 

Charlotte, N.C 

Raleigh, N.C 

Winston-Salem, N.C... 

Cincinnati, Ohio 

Cleveland, Ohio 

Columbus, Ohio 

Oklahoma City, Okla__ 

Tulsa, Okla 

Portland, Oreg 

Chester, Pa 

Harrisburg, Pa 

Philadelphia, Pa 

Pittsburgh, Pa 

See footnote on p. 5. 



Percentage 

of Negroes 

in 90 to 100 

percent 

Negro 

schools 



99. 9 
99. 6 
9o. 6 
98. 2 
39. 5 
48. 7 
None 
39. 2 
13. 9 
21. 1 



29. 
9. 
36. 
49. 
91. 
99. 7 
99. 3 

97. 4 
99. 2 

94. 2 
89. 2 
80. 4 
21. 
60. 8 

89. 9 
70. 5 
63. 5 
69. 5 

95. 9 
84. 2 
35. 4 
15. 4 
72. 3 
67. 9 

None 

98. 7 

97. 1 
69. 1 
39. 3 

90. 9 
47. 7 
51. 3 
37. 
None 
77. 
20. 7 
95. 7 

98. 5 
88. 7 
49. 4 
82. 3 
34. 3 
90. 5 
90. 7 
46. 5 
77. 9 
54. 
72. 
49. 5 



Percentage 
of Negroes 
in majority- 
Negro 
schools 



99. 9 
99. 6 

95. 6 

98. 2 
87. 5 
83.2 
71.-4 
82. 9 
73. 3 
72. 3 
75. 2 
73.8 
73.4 
92. 5 
94. 4 

99. 7 
99. 3 
98.8 
99. 2 
94. 2 

96. 9 
92. 4 
86.9 
82.9 
94. 8 
84. 2 
89. 1 

84. 5 

96. 7 
92. 3 
79. 5 
71. 9 
91. 5 

85. 9 
39. 2 
98. 7 

97. 1 
85. 5 
39. 3 



93. 

81. 



90. 3 
90. 4 
74. 
88.7 
55. 5 
95. 7 
98. 5 

95. 1 

88. 
94.6 

80. 8 

96. 8 
98. 7 
59. 2 

89. 1 

81. 3 

90. 2 

82. 8 



Percentage 

of whites 

in 90 to 100 

percent 

white 

schools 



Table 1. — Extent of elementary school segregation in 75 school systems — Continued 



City 



Percentage 

of Negroes 

in 90 to 100 

percent 

Negro 

schools 



Percentage 
of Negroes 
in majority- 
Negro 
scliools 



Percentage 
of whites 

in 90 to 100 
percent 
white 
schools 



Providence, R.I_. 

Columbia, S.C 

Florence, S.C 

Sumter, S.C 

Knoxvillc, Tcnn_ 
Memphis, Tcnn_. 
Nashville, Tenn__ 

Amarillo, Tex 

Austin, Tex 

Dallas, Tex 

Houston, Tex 

San Antonio, Tex 

Richmond, Va 

Seattle, Wash 

Milwaukee, Wis.. 
Washington, D.C 



14. 6 
99. 1 
99. 1 
99.0 
79. 3 
95. 1 
82. 2 
89.6 
86. 1 
82. 6 
93. 
65.9 
98. 5 
9. 9 
72. 4 
90.4 



55. 5 
99. 1 
99. 1 
99. 
79.3 
98.8 
86. 4 
89. 6 
86. 1 
90.3 
97.6 
77. 2 
98. 5 
60.4 
86.8 
99.3 



63. 3 
100. 
100. 
100. 

94.9 

93. 

90. 

98. 

93. 

90. 

97. 

89. 

95.3 

89.8 

86.3 

34.3 



Note — Percentages shown in this table arc for 196.5-66 school vear, except for 
Seattle, Wash. (1964-65), Los Angeles, Calif. (1963-64), and Cleveland, Ohio 
(1962-63). 



9 of every 10 Negro elementary school students attend majority-Negro 
schools. '"^^ 

The high degree of racial separation in the schools shown by these 
national figures is found in the North as well as in Southern and border 
States. In Buffalo, N.Y., for example, 77 percent of the Negro elemen- 
tary schoolchildren attend schools that are more than 90 percent Negro, 



'" These percentages make no reference to the large Puerto Rican enrollment in 
New York City elementary schools. The data provided to the Commission by the 
New York City public school system are based on classroom counts by teachers. 
According to Mr. Leonard Moriber, research associate, New York City Board of 
Education, students with Spanish surnames are counted as Puerto Ricans, regardless 
of their race. Thus it is likely that the actual number and proportion of Negro 
elementary school students is somewhat higher than the data show. According to 
the school system's data, of the total of 592,000 elementary school students in the 
New York City school system, 183,000 arc Negroes and 130,000 are Puerto Ricans. 
Of the total of 313,000 Negro and Puerto Rican students, 177,000 (56 percent) are 
in schools whose student bodies are 90-100 percent Negro and Puerto Rican. 267,000 
(85 percent) are in schools whose student bodies are majority-Negro and Puerto 
Rican. 

"^ The total elementary school enrollment for these 75 cities is 1.6 million Negro 
and 2.4 million white. Of the Negro school children, 1.2 million (75 percent) are 
in 90-100 percent Negro schools and 1.4 million (88 percent) are in majority-Negro 
schools. Of the white school children, 2.0 million (83 percent) are in 90-100 per- 
cent white schools. See Appendix A, Table 1, for a complete description of the racial 
composition of each school system. (All appendices except the legal appendix are 
published in volume 2 of this report.) In describing the extent of segregation the 
Commission has used three basic terms throughout this report. The term "nearly all- 
Negro" means 90.5-100 percent Negro. "Majority-Negro" means 50.5-100 percent 
Negro. The term "nearly all-white" means 0-10.5 percent Negro. 



while 8 1 percent of the whites are in nearly all-white schools ( 90 percent 
or more white) ." In Gary, Ind., the figures are 90 percent and 76 per- 
cent, respectively.'^ Again, in the North, the proportion of Negro chil- 
dren in majority-Negro schools often equals or exceeds the national aver- 
age. In Flint, Mich., 86 percent of the Negro elementary schoolchildren 
are in majority-Negro schools; "^ in Milwaukee, 87 percent; "'' in Chicago, 
97 percent.^'' 

A high degree of racial separation of Negro students frequently pre- 
vails regardless of the size of the school system. Examples from North- 
ern and border State school systems are illustrative.'' Kansas City, Mo., 
has an elementary school enrollment twice as large as Fort Wayne, Ind., 
yet in each city more than 60 percent of the Negro children are in nearly 
all-Negro schools."^ Detroit, Mich., has an elementary school enroll- 
ment almost four times as large as Newark, N.J., yet in each city more 
than 90 percent of the Negro children are in majority-Negro schools.-" 

Nor does the pattern necessarily vary according to the proportion of 
Negroes enrolled in the school system. For example, Negroes are 26 
percent of the elementary school enrollment in Milwaukee, Wis., and 
almost 60 percent of the enrollment in Philadelphia, Pa., yet in both 
cities almost three of every four Negro children attend nearly all-Negro 



"" Data received from the Buffalo, N.Y. public school system. 

"'^ Data received from the Gary, Ind. public school system. In Detroit, Mich., 
72 percent of the Negro elementary school students are in 90 percent or more Negro 
schools, while 65 percent of the whites are in nearly all-white schools. In Cleveland, 
Ohio, the figures are 82 percent and 80 percent respectively. (Data from Detroit and 
Cleveland public school systems) . 

"' Data received from Flint, Mich. pubUc school system. 

"" Data received from the Milwaukee, Wis. public school system. 

■" Data received from the U.S. Office of Education. 

" A number of border State school systems, such as Baltimore, Md., Washington, 
D.C., St. Louis and Kansas City, Mo., Wichita, Kans., and Wilmington, Del., main- 
tained school segregation by law until the Brown decision in 1954. These border 
State school systems abandoned legally compelled school segregation shortly after 
the Brown decision. See Southern School News, Oct. 1, 1954, pp. 4, 5, 8, 10. 

"^ Data received from the Kansas City, Mo., and Fort Wayne, Ind. public school 
systems. Compare East St. Louis, 111. (total elementary enrollment, 15,000), with 
Baltimore, Md. (total elementary enrollment, 119,000), where more than 80 per- 
cent of the Negro elementary school children in both cities are in nearly all-Negro 
schools. Compare also Gary, Ind. (total elementary enrollment, 28,000), with St. 
Louis, Mo. (total elementary enrollment, 90,000), where 90 percent or more of 
the Negro elementary school children in both cities arc in nearly all-Negro schools. 

™ Data received from Detroit, Mich., and Newark, N.J. public school systems. 
Compare Springfield, Mass. (total elementary enrollment, 19,000), with San Diego, 
Calif, (total elementary enrollment, 70,000), where more than 70 percent of the 
Negro elementary school children in both cities are in majority-Negro schools. 
Compare also Wilmington, Del. (total elementary enrollment, 8,000), with Phila- 
delphia, Pa. (total elementary enrollment, 156,000), where more than 90 percent 
of the Negro elementary school children in both cities are in majority-Negro schools. 



schools.^" Negroes are only 19 percent of the elementary school enroll- 
ment in Omaha, Nebr., and almost 70 percent of the enrollment in 
Chester, Pa., yet in both cities at least 80 percent of the Negro children 
are enrolled in majority-Negro schools.^^ 

Although levels of segregation are discernibly higher in the South than 
in the North, the two regions do not fall into discrete categories. Table 
2 shows the extent of Negro elementary school segregation in 20 Southern 
and Northern cities. The extent of racial isolation in Northern school sys- 
tems does not differ markedly from that in the South. 



Table 2. — Extent of elementary school segregation in 20 selected Northern and 
Southern cities — based on proportion of Negro students in 90-100 percent Negro 
and ynajority-Negro elementary schools 



Southern cities 


Percent in 

90-100% 
Negro 
schools 


Percent in 

majority- 
Negro 
schools 


Northern cities 


Percent in 

90-100% 
Negro 
schools 


Percent in 
majority- 
Negro 
schools 


Richmond, Va 

Atlanta, Ga 

Little Rock, Ark 

Memphis, Tcnn 

Marietta, Ga 

Houston, Tex 

Miami, Fla 

Winston-Salem, N.C. 

Dallas, Tex 

Nashville, Tenn 


99 
97 
96 
95 
94 
93 
91 
89 
83 
82 


99 
99 
96 
99 
94 
98 
94 
95 
90 
86 


Gary, Ind 

Chicago, 111 

Cleveland, Ohio 

Chester, Pa 

Buffalo, N.Y 

Detroit, Mich 

Milwaukee, Wis 

Indianapolis, Ind.. 

Flint, Mich 

Newark, N.J 


90 
89 
82 
78 
77 
72 
72 
71 
68 
51 


95 
97 
95 
89 
89 
92 
87 
84 
86 
90 



Racial isolation in the schools, then, is intense whether the cities are 
large or small, whether the proportion of Negro enrollment is large or 
small, whether thev are located North or South. ^" 



™ Data received from the Milwaukee, Wis., and Philadelphia, Pa., public school 
systems. Compare Wichita, Kans. (13 percent Negro elementary enrollment), with 
Detroit, Mich. (55 percent Negro elementary enrollment), where more than 60 
percent of the Negro children in both cities attend 90-100 percent Negro schools. 
Compare also Fort Wayne, Ind. (14 percent Negro elementary enrollm.ent), with 
Newark, N.J. (69 percent Negro elementary enrollment), where more than 50 per- 
cent of the Negro children in both cities attend 90-100 percent Negro schools. 

^^ Data received from the Omaha, Nebr., and Chester, Pa., public school systems. 
Compare Richmond, Calif. (22 percent Negro elementary enrollment), with Pitts- 
burgh, Pa. (39 percent Negro elementary enrollment), where more than 80 percent 
of the Negro children in both cities attend majority-Negro schools. Compare also 
Denver, Colo. (14 percent Negro elementary enrollment), with New Haven, Conn. 
(46 percent Negro elementary enrollment), where at least 73 percent of the Negro 
children in both cities attend majority-Negro schools. 

^' A similar racial pattern exists for teachers. In Chester, Pa., 101 of the 112 Negro 
elementary school teachers in the school system in 1965 taught in schools that were 
90 to 100 percent Negro. In Buffalo, N.Y., of the total of some 200 Negro elemen- 
tary school teachers, 80 percent taught in 90 to 100 percent Negro schools in 1965. 
In Indianapolis, Philadelphia, and Chicago, more than 90 percent of the Negro ele- 
mentary school teachers taught in majority-Negro schools in 1965. In border State 
school systems, an even greater proportion of Negro teachers are found in nearly all- 
Negro schools. In Baltimore, for example, more than 85 percent of the more than 
2,000 Negro elementary school teachers taught in schools that were 90 to 100 percent 

Footnote continued on following page. 



Growth of Racial Isolation in the Schools 

Over the past 15 years, Negro elementary school enrollment in most 
city school systems has risen. There also has been an increase in the 
number of Negro elementary students in majority-Negro and nearly 
all-Negro schools. 

Northern School Systems 

Table 3 shows the change during recent years in the number and pro- 
portion of Negro elementary children attending such schools in 15 
Northern cities.'" 

Eighty-four percent of the total Negro increase in these 15 city school 
systems was absorbed in schools that are now 90-100 percent Negro, and 
97 percent in schools more than 50 percent Negro.^* In Cincinnati, 
Ohio, the Negro elementary school enrollment doubled over the last 15 
years, but the number of Negro children in majority-Negro schools almost 
tripled. In 1950, 7 of every 10 Negro elementary schoolchildren in 
Cincinnati attended majority-Negro schools. In 1965, nearly 9 of 10 
did."' In Oakland, Calif., almost half of the Negro elementary school 
children were in 90-100 percent Negro schools in 1965. Five years 
earlier, less than 10 percent were. During the 5-year period, Negro ele- 
mentary school enrollment increased by 4,100, but the number of Negro 
students in 90-100 percent Negro schools increased by almost 8,000. ^"^ 

The growing segregation of Negro elementary school students in 
Northern school systems has resulted in substantial changes in the racial 
composition of individual schools. For example, the Moses Cleveland 
Elementary School in Cleveland, Ohio, was 96 percent white in 1933. 
Over the next 25 years, Negro enrollment at the school increased slowly 
at a rate averaging less than 2 percent per year. In 1958, the Moses 



Negro in 1965. In St. Louis, all but 73 of the nearly 1,500 Negro elementary school 
teachers taught in 90 to 100 percent Negro schools in 1965. (Data received from the 
respective school systems.) In Southern school systems, segregation of teachers by 
race is virtually absolute. In Southern metropolitan, areas the average Negro ele- 
mentary school student attends a school in which 96 percent of the teachers are 
Negroes, and the average white student attends a school in which 96 percent of the 
teachers are white. See OE Survey at 126. For a complete description of the racial 
composition of the teaching staffs of elementary school systems, see App. A, Table II. 

■'■ See App. A, Table III, for complete data on the growth of school segregation in 
individual Northern city school systems. 

"'The total increase in Negro enrollment was 154,000 of which 130,000 (84 per- 
cent), were absorbed in 90 to 100 percent Negro schools, and 149,000 (97 percent), 
were absorbed in majority-Negro schools. 

'"Data received from the Cincinnati, Ohio, public school system. 

"' Data received from the Oakland, Calif., public school system. 



I O 00 -^ (N 00 (N CO IN lO t> CO i-H C«5 05 •* 



;« P S 






Co --, 



oocD^O(M-<*i-<tico^oocao5-H-Hec 

QOQOI>0 00 00 00 05 001>00 001>1>- 



fe: 



^ 



2;« 



00-*0'*OOCOOiO->*t^C>'-<00-HCJ 
OOC^)(MI>-^Ttirt-<^CMOCOOO<OCO 






■*Tf<OOOiOCOt^COOi-HOiOTt<00 

ci c-i o ci oi o oi 00 (N i>^ 'H i>I Ti< lo CO 

TtH:^ t^ -^ t^ 00 ■>* I> IxM t> lO T-H CO 



QJO fc. o 



iO-^CC<)00'^fO'^O^OuO !--,-< 
IC* LOiMC^CO-^iOOCOOtNCOt^ 

rlCO OC^ -rf* OO O r-l 0-* O lOi-H 



i.O lO »0 lO iC iC C-1 i.O lO iC lO iC >o IC >c 

<OCOOCOOOOcO<X>COcOcOcOCDCO 



r>-00lM00O(M TfrHr-HTt^OOOOl^OOO 






c s 

■to ^ 



^:^ 



a 

'n>>oj 

QJ .til •— o 

3 e <" 

■7 C 



)S •— o I 
1 !=• be o I 



4) -tJ 

=3 (3 O g 

P o bcj- 
So' 

(1< 






a> o u o 

ST' *^ 



iMOCOCOOC— I 'f-^C3C^'*CO->*iCiO 

Tti^ocooot^t^cO'^cot^cftooco 



t^C^C!N-<i<C^ -ft^ClLOO-H-HOlO 



'— iCOOiOcOt--OC-HOC5>— ICOOCO 
00 ^H »0 (N CO CD "-I C5 O t-- CO O C5 
C5 CO lO (M CO CO T-H CO ^^ lO 05 ^H ^^ 



OOOOOi-iiMOOi-HC^JCOCOCOCO 
iOiOiO»0»OiO»C>ncDCOCDCOcDCDCO 



C ci 



■^ -C "O -I-! 



.= S'o'S^? 



bc-o o 



oS 



fi,pL,eL,MUOQfflajOWM!z; 



Cleveland School was 47 percent Negro. During the next few years, 
the rate of increasing Negro enrollment accelerated substantially. By 
1964, the school was 95 percent Negro. ^' The Washington Elementary 
School in Pasadena, Calif., was 11 percent Negro in 1946. During the 
next 12 years, the proportion of Negro enrollment slowly increased to 52 
percent in 1958. Three years later, the Negro enrollment was 69 
percent. By 1964, the school's enrollment was 82 percent Negro.^^ 
Thus, in several cases studied, once the school became almost half or 
majority-Negro, it rapidly became nearly all-Negro. 



Southern and Border State School Systems 

The story is somewhat different in Southern and border States. 
There, the proportion of Negroes in totally Negro schools has decreased 
since the 1954 Supreme Court decision, but the number of Negro children 
attending all-Negro or nearly all-Negro schools has risen sharply. 

In St. Louis, Mo., which maintained de jure segregated public schools 
before the Brown decision, there were 27,000 Negro elementary students 
in segregated schools in 1954. By 1965, there were 52,000 Negro stu- 
dents in schools 90 to 100 percent Negro.^^ In Houston, Tex., where 
public schools were completely segregated until 1960, the number of 
Negro children in all-Negro elementary schools increased by 20 percent 
from 1960 to 1965.^° The rising Negro school enrollment, combined 
with only slight desegregation, has produced a substantial increase in the 
number of Negroes attending all-Negro or nearly all-Negro schools in 
Southern and border State cities. 



^' Also in Cleveland, in the Columbia Elementary School, Negro enrollment increased 
from 2 percent in 1931 to 43 percent in 1945. By 1947, the Columbia school was 64 
percent Negro. By 1958, it was 99 percent Negro. Data received from the Cleve- 
land, Ohio public school system. 

^^ Data received from the Pasadena, Calif., public schocl system. In Omaha, Nebr., 
the Druid Hill Elementary School was only 5 percent Negro in 1950. Over the next 
10 years Negro enrollment increased at a rate of 3.5 percent per year to 40 percent. 
Between 1960 and 1965, Druid Hill's Negro enrollment jumped to 94 percent. In 
Cincinnati, Ohio, Negro enrollment at the Evanston Elementary School increased 
from 1 percent in 1950 to 50 percent in 1956. Two years later, the school was more 
than 90 percent Negro. In Indianapolis, Ind., Negro enrollment at Elementary 
School No. 60 gradually increased from 2 percent in 1951 to 44 percent in 1960. 
By 1963, Negro enrollment had reached 65 percent. Two years later, the school 
was more than 90 percent Negro. (Data received from the respectiv-e public school 
systems.) 

'^ Data received from the St. Louis, Mo. public school system. 

*' Data received from the Houston, Tex., public school system. See App. A, 
Table III, for data on the growth of school segregation in individual Southern and 
border State school systems. 

10 



Racial Isolation and Population Trends 

Metropolitan Areas 

The increasing separation of Negro and white school children in metro- 
politan areas, and the concentration of Negro children within central 
city schools, have occurred in the context of similar trends in the general 
population. Since the turn of the century, America has become an 
urban Nation. The change from rural to urban residence, although 
somewhat more dramatic for Negro Americans than for whites, has been 
a national phenomenon. In 1960, approximately two-thirds of all 
Americans — white and Negro — lived in metropolitan areas.^^ 

Although white and Negro Americans now reside in metropolitan 
areas in similar proportions, there has been a change in their pattern 
of residence within those areas. Sixty-six years ago, little more than 
half the Negroes in metropolitan areas lived in the central city. By 
1960, however, 8 of every 10 Negroes in metropolitan areas resided there. 
White population trends have not been similar. In 1900, more than 
6 of every 10 metropolitan whites lived in the central cities, but by 1960 
more than half the metropolitan white population resided in the suburbs. 

An examination of recent population increases shows the trend clearly. 
Between 1940 and 1960 the total population of metropolitan areas 
increased by 40 million persons. Eighty-four percent of the Negro in- 
crease occurred in the central cities and 80 percent of the white increase 
in the suburbs. Between 1950 and 1960 the suburbanization of whites 
accelerated; nearly 90 percent of their metropolitan increase occurred 
in the suburbs. 

In the 24 largest metropolitan areas — areas containing more than half 
the total United States urban population in 1960 " — an even sharper 
contrast appears. In the two decades between 1940 and 1960, almost 
100 percent of the white increase was absorbed in the suburbs. Between 
1950 and 1960, the 24 central cities lost nearly I/2 million white resi- 
dents, and gained more than 2 million Negroes. In the Baltimore metro- 
politan area, for example, the white surburban population increased by 
324,000, while the central city lost 113,000 white persons. One hun- 
dred thousand of the area's nonwhite population increase of 107,000 



" All demographic data which follow in this chapter, unless indicated otherwise, 
are derived from the U.S. Bureau of the Census, Census of Population, 1960. 
Standard Metropolitan Statistical Areas, PC (3)-lD, table I. 

" Twenty-four metropolitan areas contained 1 million persons or more in 1960, while 
there were 188 metropolitan areas which contained less than 1 million persons in 
1960. See Bureau of the Budget, Office of Statistical Standards: Standard Metro- 
politan Statistical Areas ( 1964) . 

n 



^vas in the central city." Similarly, Cleveland's suburbs gained 367,000 
whites, while the central city lost 142,000. One hundred and three 
thousand of the 105,000 Negro population increase was in the central 
city. There were only 6,000 Negroes throughout the Cleveland suburbs 
in 1960." 

School-age children ^' in metropolitan areas also reflect these trends. 
Between 1950 and 1960, the school-age population of the Nation's 24 
largv St metropolitan areas — which today contain almost two-thirds of 
the Nation's urban school-age population — increased by 5 million. 
Almost 90 percent of the nonwhite increase occurred in the central cities; 
more than 80 percent of the white increase was in the suburbs.^" By 
1960, four out of five nonwhite metropolitan children of school age 
lived in central cities, while nearly three-fifths of the white children 
lived in the suburbs.^" 

Thus the growth of the Nation's metropolitan areas has been charac- 
terized by an increasing separation of the white and Negro populations. 
A recent study of the U.S. Census reports no change in these trends.** 

Central Cities 

Not only are Negroes concentrated in central cities, but they are 
segregated within them. A recent study of residential patterns in 207 
central cities shows that residential segregation is rigid and uniform.'*^ 
Intense residential segregation exists in virtually every city in the Nation : 

This is true for all cities in all regions of the country and for all 
types of cities. ... It is true whether there are hundreds of 
thousands of Negro residents, or only a few thousand.^" 

One index of residential segregation is the proportion of Negroes who 
would have to move from predominantly Negro blocks to predominantly 
white blocks in order to achieve an even distribution of the population. 
As of 1960, the index of residential segregation for the 207 cities was 
86 percent.^^ In Pontiac, Mich., it was 90 percent; ^- in Charlotte, N.C., 
94 percent; ^^ in Bakersfield, CaHf., 87 percent.^* 



" Tables on population changes in the Baltimore metropolitan area prepared for the 
Commission by Prof. Karl E. Taeuber of the University of Wisconsin. 

*^ Taeuber, op. cit. supra note 14, table 1. 

^°The school-age population statistics that follow include ages 5 through 19. 

'"Data for 1960 from U.S. Bureau of the Census, Census of Population and Hous- 
ing PHC (1), table P2 (1960); data for 1950 from U.S. Bureau of the Census, 
Characteristics of Population, vol. 2, table 33; vol. 3, table 2 (1950). 

" Ibid. 

''U.S. Bureau of the Census, Current Population Reports, P-20, 151-152 (1965). 

'" Taeuber and Taeuber, Negroes in Cities 28-68 ( 1965) . 

••"/d. at35. 

" Id. at 36. 

'•■Id. at 33. 

■"'•'• /rf. at 32. 

=' Ibid. 
12 



Thus there is a parallel between population and school enrollment 
trends within metropolitan areas. In both cases, Negro population 
increases are almost entirely absorbed in the central cities. In both 
cases, the isolation of Negroes in residential ghettos and Negro schools 
is growing. The Nation's Capital — Washington, D.C. — already has a 
majority-Negro population. Other cities are experiencing rapid in- 
creases in Negro population.^^' City school enrollments more sharply 
reflect the trend. A substantial number of cities have elementary school 
enrollments that already are more than half Negro. In these cities, at 
least, the problems of racial isolation in the schools can no longer fully 
be met in the context of the city alone.^*' 



Educational Disparities 

During the period in which racial isolation in the schools has grown 
rapidly, serious disparities in educational attainment between Negro and 
white students have persisted. The measure of educational attainment 
most commonly used in recent decades has been years of school com- 
pleted. °^ Assessments based on this standard suggest that the gap be- 
tween the educational achievement of Negro and white Americans has 
been narrowed substantially. Between 1940 and 1962, for example, the 
difference in years of school completed between whites and nonwhites 
was reduced by more than half.^^ In evaluating this apparent progress, 
however, an additional factor must be taken into account. 



'"" See Douglas, "The Urban Negro Family," in The American Negro Reference 
Book, 338 (Davis ed. 1966). 

''" There were 24 metropolitan areas that had more than 1 million inhabitants each 
in 1960. Of the 24 areas, 20 had single central cities. Of these 20 areas, 9 had ma- 
jority-Negro elementary school enrollment in 1965: Atlanta (54 percent), Baltimore 
(64 percent), Chicago (53 percent), Cleveland (54 percent), Detroit (55 percent), 
Newark (69 percent), Philadelphia (59 percent), St. Louis (63 percent), Washington, 
D.C. (91 percent). Two cities had elementary enrollments that were 40 to 50 
percent Negro: Cincinnati (40 percent), Kansas City, Mo. (42 percent). Four 
cities had elementary enrollments that were 30 to 40 percent Negro: Buffalo (35 
percent), Houston (34 percent), New York City (31 percent), Pittsburgh (39 
percent). (Data received from the respective school systems.) 

"This measure has been used by the U.S. Census since 1940. For the definition, 
see U.S. Bureau of the Census, Census of Population, The United States Summary, 
PC (1) ICxxi (1960). 

^ In 1940, nonwhite males 25 to 29 years old averaged 6.5 years of school, while 
white males of similar age averaged 10.5 years of school. By 1962, nonwhite males 
in the same age bracket averaged 11 years of school while white males averaged 12.5 
years of school. The data for females 25 to 29 years of age reveal the same nar- 
rowing of the gap. In 1940, nonwhite females in this age bracket had had an average 
of 7.5 years of school; while white females had had 10.9 years of school. But by 1962, 
nonwhite women averaged 11.4 years of schooling, while white women averaged 12.4 
years of school. Data for 1962 from U.S. Bureau of the Census, Educational 
Attainment: March, 1962, Current Population Reports, P-20 No. 121, tables 2 and 3; 
1940 data from U.S. Department of Labor, The Economic Situation of Negroes in 
the United States, Bull. No. S-3 ( 1962 ) . 

13 



Years of school completed do not accurately reflect variations in 
educational attainment. The U.S. Office of Education, in its Equality 
of Educational Opportunity survey, made a systematic analysis of verbal 
ability and reading achievement tests, which provide better indicators 
of educational attainment. Although these achievement tests do not 
measure innate ability and are not free of cultural bias, they are a useful 
indicator : 

What they measure are the skills which are among the most im- 
portant in our society for getting a good job and moving up to a 
better one, and for full participation in an increasingly technical 
world. ^^ 

The survey found that the relative academic standing of students 
changes during their school careers.'" According to the survey, Negro 
and white students in metropolitan areas begin school with a noticeable 
difference in verbal ability.^^ At sixth grade, the average Negro student 
is about one and one-half grade levels behind the average white student 
in verbal achievement. By the time 1 2th grade is reached, the average 
white student performs at or slightly below the 1 2th-grade level, but the 
average Negro student performs below the 9th-grade level. '^" Thus years 
of school completed has an entirely diff"erent meaning for Negroes and 
whites. 



Other Disparities 



The persistence of disparities in educational attainment has been ac- 
companied by continuing and even widening social and economic dispari- 
ties between Negro and white Americans. 

True, there has been improvement in absolute terms in the position 
of Negroes. Levels of income are substantially higher now than before. 
More Negroes are attending college and entering professions; more 
skilled jobs are being filled by Negroes than ever before."^ 

Despite this improvement, however, when the social and economic 
gains of Negroes are measured against the gains of white Americans, 
the gap is as wide as ever. The income of Negroes has risen over the 
years, but their situation relative to white Americans has worsened. In 
the 15-year period between 1949 and 1964, the median annual income 
for nonwhite families increased from $1,650 to $3,800. Median annual 
income for white families rose during the same period from $3,200 to 

''" OE Survey 20. 

"Ud. 273-275. 

'■' Id. at 221, figure 3.11.1. The survey does not express this first-grade difference 
in terms of precise grade levels but rather in terms of test score distributions. 

'■'Id. 273-274. 

'"^ U.S. Department of Labor, The Negro in the United States: Their Economic 
and Social Situation, Bull. No. 1511, table IVB-2, table IIB-2; for income levels see 
Brimmer, "The Negro in the National Economy," in Davis, op. cit. supra note 55, at 
259. 

14 



more than $6,800."* The disparity between white and nonwhite annual 
income in 1949 had been less than $1,600. By 1964, the gap was more 
than $3,000. 

The distribution of occupations for Negroes and whites reveals much 
the same situation. The proportion of the total Negro labor force in 
white-collar occupations increased by one-third — to 1 1 percent — between 
1950 and 1960. For whites, however, 33 percent were in white-collar 
jobs in 1950, three times the percentage attained by Negroes 10 years 
later.'"' 

Within the Negro population, there also is a growing gap separating 
the poor from the relatively affluent. For a comparatively small per- 
centage of the urban Negro population, the decade of the 1950s brought 
real economic progress and even relative affluence.*^" For the great ma- 
jority of Negro Americans, however, there was little economic change in 
relation either to whites or to more affluent Negroes. 

The great majority of Negroes still are "have-not" Americans. Small 
advances in their overall economic and social position have not altered 
significantly their situation relative to whites. The closer the promise of 
equality seems to come, the further it slips away. In every American 
city today, most Negroes inhabit a world largely isolated from the affluence 
and mobility of mainstream America. 

^ * * 

These facts provide the foundation for the Commission's study. They 
raise basic questions, and it is to these questions that the remainder of 
this report is addressed. 

First, what are the factors which cause, or tend to reinforce, separa- 
tion of Negroes and whites in the schools? How is this separation related 
to the demographic trends described in this chapter, and to other fac- 
tors- — educational, fiscal, and governmental? 

Second, what are the consequences of racial isolation in the public 
schools? What impact does it have upon the educational, economic, and 
social achievement of Negroes, and on the attitudes of Negro and white 
Americans? 

Third, how effective are existing programs designed to eliminate racial 
isolation in the schools, and to remedy existing educational disadvantage? 

Fourth, what is the current and potential role of State and Federal 
governments, and what are the legal issues arising from the existence of 
racially isolated schools? 

Based on the specific findings in answer to these questions, recommen- 
dations have been set forth that provide a basis for positive action at all 
levels of government. 



"* Brimmer, op. cit. supra note 63, at 259, table II; U.S. Bureau of the Census, 
Current Population Reports, Ser. P-60, No. 47, table E (1965). 

*^U.S. Department of Labor, op. cit. supra note 63, at 112. 

""By 1960, the annual mean family income of the top 20 percent of nonwhite 
families was nearly $9,000. The top 5 percent earned more than $12,600 per year. 
Brimmer, op. cit. supra note 63, at 271. 

15 



Chapter 2 

Causes of Racial Isolation 

The causes of racial isolation in the schools are complex. It has its 
roots in racial discrimination that has been sanctioned and even en- 
couraged by government at all levels. It is perpetuated by the effects 
of past segregation and racial isolation. It is reinforced by demographic, 
fiscal, and educational changes taking place in the Nation's metropolitan 
areas. And it has been compounded by the policies and practices of 
urban school systems. 

Metropolitan Dimensions 

The rich variety of the Nation's urban population is being separated 
into distinct groups, living increasingly in isolation from each other. In 
metropolitan areas there is a growing separation between the poor and 
the affluent, between the well educated and the poorly educated, be- 
tween Negroes and whites. The racial, economic, and social stratifica- 
tion of cities and suburbs is reflected in similar stratification in city and 
suburban school districts. 

School District Organization 

Just as metropolitan areas typically are divided into large numbers 
of independent municipaUties, so metropolitan schoolchildren typically 
are served by many separate school districts.^ It is not uncommon for 
a single metropolitan area to contain 40 or more school districts. In 
the Boston MetropoHtan Area, for example, there are more than 75 
separate school districts. The Detroit area has 96 separate school 
districts." Moreover, school districts in metropolitan areas serve widely 
varying numbers of students. In 1962, more than half of the Nation's 
metropolitan schoolchildren were served by only 5 percent of the school 



^The 212 metropolitan areas in the Nation are served by 6,604 school districts. 
'U.S. Bureau of the Census, Census of Governments 1962, Vol. 5, at 5 (1964). 
- Id. at 70, 68. 

17 



districts in metropolitan areas, while 3 percent of metropolitan school- 
children were served by 35 percent of the school districts.^ 

The organization of school districts would not be of special significance 
if the racial and socioeconomic groups they served were fairly repre- 
sentative of the entire metropolitan area. But city and suburban school 
districts generally serve separate economic, social, and racial groups. 

The Population Trend 

As was noted in Chapter 1, two-thirds of all Americans — white 
and Negro — live in metropolitan areas, but whites and Negroes in- 
creasingly live apart. By 1960, more than eight of every 10 Negroes 
in metropolitan areas resided in central cities, while a majority of the 
white population was suburban. Current trends suggest that the sep- 
aration will continue. While Negroes of all age groups are concentrated 
in cities, white adults are divided equally between cities and suburbs. 
White school-age children, however, are more heavily concentrated in 
suburbs. Table 1 shows the change in the age structure of suburban 
and city whites for 42 metropolitan areas between 1950 and 1960. In 
1960 the suburbs contained a lower proportion of whites over 60 years 
of age than the cities ; a greater proportion of whites of childbearing age 



Table 1. — Percent of melropolitan white population 

by age, 1950 and 1960 


in central city and suburbs, 




Percent of white population living in— 


Net change 




1950 


1960 


1950 to 1960 




Central 
city 


Suburbs 


Central 
city 


Suburbs 


Central 
city 


Suburbs 


23 largest metropoli- 
tan areas — Age 
groups : 

0-19 

20-40 

41-60 

61 and over 


54. 
57. 3 

56. 4 

57. 


46. 

42. 7 

43. 6 
43. 


42. 6 
44. 9 

48. 7 
55. 6 


57. 6 
55. 1 
51. 3 
44. 4 


+ 17. 

-24. 6 

-6.4 

+ 22. 3 


+ 86. 4 
+ 24. 2 
+ 27. 2 
+ 29. 8 


Total 


56. 1 


43. 9 


46. 4 


53.6 


-2. 2 


+ 44. 2 


19 smaller metropoli- 
tan areas — Age 
groups : 

0-19 

20-40 

41-60 

61 and over 


65. 
52. 3 

58. 4 

59. 1 


35. 
47. 7 
41. 6 
40. 9 


47. 
50. 
51.9 

56.8 


53. 
50. 

48. 1 
43.2 


-11.8 
-6. 

+ 2. 7 
+ 28. 3 


+ 84.2 

+ 3. 

+ 34. 

+ 41. 2 


Total 


58. 9 


41. 1 


50. 2 


49.8 


-2.3 


+ 38.7 



Source: Data compiled from U.S. Bureau of the Census, 1950 Census of Population and 1960 Census 
of Population. 



Id. at 24, table 2. 



18 



than the cities; and an even greater proportion of white school-age 
children. Since 1950 the population gain for suburban whites has been 
highest for children of school age. The cities' losses have been least in 
the over-60 age group. The trend is most pronounced in the larger 
metropolitan areas. 

The separation of Negro and white adults of childbearing age per- 
petuates the present concentration of white school-age children in the 
suburbs and Negro children in the cities. The more isolated pattern 
for children — the parents of the next generation — suggests that were 
all migration to cease today, natural population increases alone would 
greatly intensify racial separation over the next generation/ 



Social and Economic Trends 

The increasing racial contrast between city and suburbs is paralleled 
by contrasts in economic and social status. Table 2 shows the marked 
disparities in personal income and educational attainment between sub- 
urbs and central cities. On the average, nearly 70 percent of the cities 
had suburbs with higher median family income and educational attain- 
ment in 1960. In the larger metropolitan areas — those with a popu- 
lation of 500,000 or more — this was true of all cities. 

Table 2. — City-suburban differentials in socioeconomic status, by population size 

of urbanized area 





Number 
of areas 


Percent of urbanized areas with— 


Population oi urbanized areas 


Higher suburban 

median family 

income 


Higher suburban 
percent complet- 
ing high school 


Higher suburban 
percent in white- 
collar occupation 


1,000,000 + 


16 

22 
29 
43 
37 
53 
200 


100.0 
100.0 
79.9 
72.1 
70.3 
56.6 
74.0 


100.0 
100.0 
75.9 
62.8 
64.9 
49. 1 
68.5 


87.5 


500,000-1,000,000 


86.4 


250,000-500,000 


55.2 


150,000-250,000. . 


48.8 


100,000-150,000-. 


40.5 


50,000-100,000 


30.2 


Total areas 


50.5 



Source: Schnore, The Urban Scene, 207, Table I (1965). 

The contrast sharpens when wealth and poverty in absolute terms 
are considered. Central cities have more poverty — families with in- 
comes below $3,000 a year — than suburbs. Suburbs have more 
wealth — families with incomes of more than $10,000 a year — than cities. 
There is also a sharp contrast in educational attainment. For every 
25 persons in the suburbs with less than a high school education, there 
are 30 in the cities; and for every 25 persons in the cities with a college 
education, there are 30 in the suburbs.^ 



* Farley and Taeuber, Changes in Metropolitan Areas Color Composition and 
Residential Segregation Since 1960 (unpublished study in Commission files), (1966). 

^Data for the 23 largest metropolitan areas, compiled from U.S. Bureau of the 
Census, 1960 Census of Population, PC (3), Vol. 3. 

19 



Since 1950, cities have declined in social and economic levels com- 
pared to suburbs. As Table 3 shows, the suburbs gained almost twice 
as many persons of high income as the cities. The entire gain in white- 
collar workers was suburban, with no increase at all in the cities. In 
addition, the suburbs have gained almost five times as many persons 
with some college education as the cities. 

Almost all the affluent and well-educated people who are settling in 
the suburbs are white.'' As a result, suburban school districts acquire 
increasing numbers of white children from well-educated and relatively 
affluent families. Left behind in the city school districts are children — 
many of whom are Negroes — from families of relatively low income 
and educational attainment. 



Table 3. — 1950 to 1960 changes in social and economic status of -population in the 
23 largest metropolitan areas 





Central city 


Percent 


Suburbs 




1950-60 changes in— 


Number (in 
thousands) 


Number (in 
thousands) 


Percent 


Number families with more than 
$10,000 yearly income 


+ 1, 092 


+ 322 


+ 1,737 


+ 762 


Number individuals over 25 years of 
age with 1 year or more of college. _ 


+ 360 


+ 14 


+ 1,709 


+ 84 


Number white-collar workers 


-2 


-.05 


+ 1,735 


+ 47 



Source: Data compiled from U.S. Bureau of tlie Census, 1950 Census of Population and 1960 Census o 
Population, vol. 3. 

Housing 

In large part, the separation of racial and economic groups between 
cities and suburbs is attributable to housing policies and practices. The 
practices of private industry — builders, lenders, and real estate brokers — 
often have been key factors in excluding the poor and the nonwhite from 
the suburbs and confining them to central cities. Practices of the private 
housing industry have been rigidly discriminatory,' and the housing it 
has produced — largely in the suburbs — has been at a price that only the 
relatively affluent can afford.** 



"In 1960, of the 54 milhon people living in the metropolitan areas outside of the 
central cities, only 2/2 million were Negroes. U.S. Bureau of the Census, U.S. Census 
of Population I960, PC ( 3 ) -ID, table 1 , at 2 ( 1 963 ) . 

^ In 1958 the Commission on Race and Housing concluded that, "It is the real estate 
brokers, builders, and mortgage finance institutions which translate prejudice into 
discriminatory action." Commission on Race and Housing, Where Shall We Live? 
27 (1958). Sec also Abrams, Forbidden Neighbors (1955) ; McEntire, Residence and 
Race (1960); 1961 U.S. Commission on Civil Rights Report, Housing 2-3 (herein- 
after cited as 1961 Commission Housing Report) ; Denton, Race and Property (1964). 
At the end of 1965 the median sales price of private nonfarm one-family homes 
sold throughout the Nation was $20,000. U.S. Department of Housing and Urban 
Development, XIX Housing Statistics, table A-22 (1966 ) . 

20 



Private industry is not alone responsible, however, for the growth of 
virtually all-white, middle-class suburbs surrounding the urban poor. 
Government at all levels has contributed to the pattern. Racial zoning 
ordinances imposed by local law were a formidable factor in creating and 
maintaining racially exclusive neighborhoods. Although such ordi- 
nances were held unconstitutional in 1917,''' a few communities continued 
to enforce them, even as late as the 1950's.^° Judicial enforcement of 
racially restrictive covenants has been another important factor. Al- 
though these covenants were private agreements to exclude members of 
designated minority groups, the fact that they were enforceable by State 
and Federal courts gave them maximum effectiveness.^^ Not until 1948 
was the judicial enforcement of such covenants held unconstitutional,^' 
and not until 1953 was their enforcement by way of money damages held 
unlawful. ^^ Although racially restrictive co\'enants no longer are judi- 
cially enforceable, they are still used and the patterns they helped to create 
still persist.^' 

In addition, the authority of local goNcrnment to decide on building 
permits, building inspection standards, and the location of sewer and 
water facilities, has sometimes been used to discourage private builders 
who otherwise would be willing to provide housing on a nondiscrimina- 
tory basis. ^' The power of eminent domain also has been used to keep 



^ Buchanan V. Warley, 245 U.S. 60 (1917). 

'"See, e.g., City of Birmingham v. Monk, 185 F. 2d 859 (5th Cir. 1950) cert, denied, 
341 U.S. 940 (1951 ), where a racial zoning ordinance enacted by the city of Birming- 
ham, Ala., was tested in the courts as late as 1951. It was found to be unconstitutional. 
See also Jimerson v. City of Bessemer, Civil No. 10054, N.D. Ala., Aug. 3, 1962, where 
a Federal District Court noted in the summer of 1962 that the city of Bessemer, Ala., 
had repealed its racial zoning ordinance "several years ago." 

" Typically racially restrictive covenants represent agreements among adjoining 
landowners designating those who will be permitted to occupy the land in the future. 
Thus, while their effect is similar to that of racial zoning ordinances, their form is 
that of private agreement rather than legislative fiat. A typical racially restrictive 
covenant provided: "No part of the land hereby conveyed shall ever be used, or occu- 
pied by or sold, demised, transferred, conveyed unto, or in trust for, leased, or rented 
or given to Negroes, or any other person or persons of Negro blood or extraction, or to 
any person of the Semitic race, blood, or origin, which racial description shall be 
deemed to include Armenians, Jews, Hebrews, Persians and Syrians." Hearings before 
the U.S. Commission on Civil Rights on Housing in Washingtoji, D. C, 58 (1962). 
See Legal Appendix infra at 256 for a partial list of cases in which such covenants were 
judcially enforced. See also Corrigan v. Buckley, 271 U.S. 323 (1926), where the 
U.S. Supreme Court held that these covenants were not invalid in the District of Co- 
lumbia, a Federal jurisdiction. 

''Shelley v. Kraemer, 334 U.S. 1 (1948) ; Hurd v. Hodge, 334 U.S. 24 (1948). 

''" Barrows w. Jackson, ?,Ae>\J.?>. 249 (1953). 

'^ This Commission pointed out in 1962: "Restrictive covenants although judi- 
cially unenforceable, are still used and recorded in the Washington area, and are 
often effective in barring members of the proscribed racial and religious groups from 
occupying homes of their choice and within their means." U.S. Commission on 
Civil Rights, Civil Rights U.S.A.: Housing in Washington, DC, 33 (1962). 

'' See McEntire, op. cit. supra, note 7, at 186, where builders from Detroit, Chicago, 
Los Angeles, and Norfolk, Va., describe the local governments' means to enforce their 
opposition to open housing. 

21 

24:^-637 O— G7 S 



Negroes from entering all-white communities,^'" as have suburban zoning 
and land use requirements.^' Other restrictive zoning policies, such as 
minimum lot size requirements, often have had the effect of keeping all 
but the relatively affluent out of the suburbs. ^^ 

Federal housing policy also has contributed to racial separation be- 
tween city and suburb. The programs of the Federal Housing Admin- 
istration (FHA) and Veterans' Administration (VA) have been key fac- 
tors in the rapid growth of middle-class, white suburban communities. ^° 
During 1965, some $150 billion in mortgage loans, representing more 
than 15 million housing units, were insured or guaranteed under these 
programs.-'' The practices of these two agencies during the post-World 
War II years of great suburban expansion paralleled and supported the 
discriminatory practices of private industry."^ 

Until 1947, for example, FHA actually encouraged the use of racially 
restrictive covenants to assure racial homogeneity."" Not until the is- 
suance of the Executive Order on Equal Opportunity in Housing "^ in 
1962 could it be said that FHA and VA policy was one of nondiscrimi- 
nation. The Executive Order, however, is limited largely to new housing 
assisted by FHA and VA. Their share of the new housing market, which 
during the suburban housing boom of the late 1940's and 1950's often 
exceeded 30 percent, has decreased to well under 20 percent."* The mil- 



'"See, e.g., Wiley v. Richland Water District, Civil No. 60-207, D. Ore., June 30, 
1960, 5 Race Rel. L. Rep. 788 (1960), where the land upon which Negro families 
had planned to construct a home was condemned by the local water district for 
further development and sanitation control. See also City of Creve Coeur v. Wein- 
stein, 329 S.W. 2d 399 (St. Louis Ct. of App. 1959), where the court upheld the 
condemnation for public recreational purposes of land owned by a Negro family in 
a previously all-white neighborhood. 

^^ See e.g., Friedcn, "Toward Equality of Urban Opportunity," XXXI Journal of 
American Institute of Planners 323(1 965 ) . 

" See for an example. Hearing before the U.S. Commission on Civil Rights in 
Cleveland, Ohio, 205-211, 726-729 (Apr. 1-7, 1966) (hereinafter cited as Cleve- 
land Hearing). 

'* For a detailed discussion of the role of FHA and VA in the development of 
residential segregation, see 1961 Commission Housing Report 9-26. 

"° Data supplied by Lee Amman of the FHA Statistics Division and R. C. Coon 
of the VA Loan Policy Division on Oct. 11, 1966. FHA programs have been operat- 
ing since 1934 and VA programs since 1944. 

"'See Weaver, The Negro Ghetto, 72 (1948); Abrams op. cit. supra, note 7, at 
229-237. 

"The FHA Underwriting Manual of 1938 declared: "If a neighborhood is to 
retain stability, it is necessary that properties shall continue to be occupied by the 
same social and racial groups." The manual carried this principle a step further 
by providing a model racially restrictive covenant and recommended its use. See 
1961 Commission Housing Report 16. 

^Exec. Order No. 11063, 27 Fed. Reg. 11527 (1962). A number of States 
and localities have adopted fair housing laws. For a collection of such laws, see 
HHFA, Fair Housing Laws ( 1 964) . 

■* In 1954 the combined FHA and VA share of the market was 35.5 percent; in 
1955, 41.1 percent; in 1956, 34.7 percent. By 1964 the combined FHA and VA 
share of the new housing market had been reduced to 17 percent. Computations 
based on HHFA 18 Ann. Rep. 383 (1964). 

22 



lions of suburban housing units the two agencies helped to produce in 
past years when they were a dominant force in the housing industry 
remain largely unaffected by the Executive Order's requirement of non- 
discrimination. Thus, present Federal nondiscrimination policy does not 
reach much of the housing the Federal Government subsidized under 
policies which countenanced or encouraged discrimination, and efforts 
to obtain a national law broader in coverage thus far have proved 
unsuccessful."^ 

Equally important is the fact that Federal housing programs have not 
made a comparable investment in housing to meet the needs of lower- 
income families, of whom Negroes make up a disproportionate share. 
The few Federal programs that do seek to provide such housing do not 
provide it on a metropolitan basis. Indeed, they are having the effect of 
intensifying concentrations of the poor and nonwhite within central cities. 

Low-rent public housing, for example, is an important source of housing 
for Negroes.'" In metropolitan areas it has been confined almost entirely 
to central cities. State laws vary on where public housing developments 
may be placed. In some States, city housing authorities may operate in 
suburban areas but the consent of the governing body of the community in 
which the public housing is to be built always must be obtained.-' Of 
the quarter of a million public housing units that have been built by city 
public housing authorities in the Nation's 24 largest metropolitan areas, 
in only one, Cincinnati, has the city housing authority been permitted to 
build outside the central city. There the authority has provided a total 
of 76 low-rent units in the suburbs.-^ In effect, therefore, the pubHc 
housing program has served to intensify the concentrations of the poor 
and the nonwhite in the central city. 

The FHA 221 (d) (3) program, designed to assist private industry in 
providing rental housing for lower- and moderate-income families, also 
produces housing largely confined to central cities. Under existing legis- 
lation projects may be constructed only in communities which have 
adopted a "workable program for community improvement." ~^ Since 
most cities have such "workable programs" and few suburbs do,^° the 

■'^During the last session of Congress, a civil rights bill, H.R. 14765, &9th Cong. 
2d sess. (1966), containing a broad fair housing law, was passed by the House of 
Representatives on Aug. 9, 1966. It was not passed by the Senate, however. 

-"As of March 1966, of the 587,520 occupied public housing units, 273,097 were 
occupied by Negroes. Data obtained from Louis Katz, head of Statistics Division, 
Housing Assistance Administration, Department of Housing and Urban Development, 
Oct. 6, 1966. 

-■^Memorandum dated Oct. 3, 1966, from Ruth E. Dunlop, Legislative Attorney, 
Hou.sing Assistance Administration, Department of Housing and Urban Development, 
to the U.S. Commission on Civil Rights. 

^ Data supplied by Louis Katz, note 26 supra, on Oct. 31, 1966. 

-"Housing Act of 1949, sec. 101(c), amended by 75 Stat. 149, 153 as amended 
42U.S.C. 1451(c) (1964). 

*' According to one official, at least 75 percent of the suburbs do not maintain 
workable programs. Interview with Maurice Davis, Office of the Secretary, Depart- 
ment of Housing and Urban Development, Oct. 12, 1966. 

23 



majority of units in the program have been constructed in central cities.^^ 
FHA-assisted builders of private suburban housing are free to build with- 
out regard to whether the community maintains a "workable program." 
But where private enterprise is being utilized to provide housing for lower- 
income families under 221 (d) C)), Congress, by imposing the "workable 
program" requirement, has given local governments the power to prevent 
the building of projects within their boundaries. Even if this form of 
local government veto power should be removed, thereby permitting the 
housing industry to build low-income housing in the suburbs, the impact 
of the 221 (d) (3) program would not be great because of the limited 
volume of housing the program can produce.^" 

The rent supplement program, authorized in 1965, potentially can pro- 
duce a larger volume of low-income housing outside central cities.^^ But 
here, too, Congress has given local governments a veto power by requiring 
that there either be a "workable program" in the community or that the 
local governing body specifically approve the operation of the program in 
the community.^^ The volume of housing the rent supplement program 
can produce has been curtailed because Congress has appropriated less 
than half the funds authorized for the program's operation in its first two 
years. 

Low-cost housing, then, is produced under governmental policies which 
result in its being made available largely in the central city, further rein- 
forcing the trend toward racial and economic separation in metropolitan 
areas. 



^^ While no precise statistics are available on this point, this was the estimate of 
the Market Analysis and Research Section, Research and Statistics Division, FHA. 
Information obtained from Sigmund Shapiro of the Market Analysis and Research 
Section, Oct. 10, 1966. 

"'During the five years of the program's existence, it has produced only 47,000 
units. Commitments arc outstanding for another 9,500 units and applications are 
being processed for an additional 30,000 units. Data obtained from the Research and 
Statistics Division, FHA, Sept. 27, 1966. 

^ The rent supplement program uses the ordinary channels of the private housing 
market and provides assistance through direct payments of a portion of the rent 
on behalf of needy families. The housing produced under the program is privately 
owned, privately constructed, and privately financed through FHA-insured market- 
interest-rate loans under the 221(d)(3) program. Thus, the rent supplement 
program is different from the low-rent public housing program. Public housing 
involves governmental bodies almost exclusively, both in terms of financing and 
ownership of the housing, while the rent supplement program involves private 
financing and private ownership. The Federal assistance in the rent supplement 
program is limited to payments pursuant to a precise formula to private house 
owners on behalf of tenants who require these payments to afford the market rents. 

^* The original authorization for a rent supplement program, Housing and Urban 
Development Act of 1965, 79 Stat. 451a 12 U.S.C. 1701 (Supp. I, 1964) did not 
contain such a restriction but it was imposed by the Independent Offices Appropria- 
tion Act of 1967, 80 Stat. 663. 

^^ Of the $150 million authorized for the four-year program, $65 million was au- 
thorized for the first two years of operation. Congress appropriated $12 million for 
the first year and $20 million for the second. First Supplemental Appropriation 
Act for 1966, 79 Stat. 1133 ($12 million) and Independent Offices Appropriation 
Act of 1967 {note 34 supra) ($20 million). 

24 



Thus the practices of the private housing industry and government at 
all levels have combined to reinforce the separation of the poor and the 
nonwhite from middle-class whites. 

Fiscal Disparities 

The trend toward racial and economic isolation between city and 
suburbs also has been reinforced by the manner in which schools are 
financed. Education, like many other governmental functions, is financed 
in large part from property taxes levied by local jurisdictions.^*^ Under 
this system of financing, the adequacy of educational services is heavily 
dependent on the adequacy of each community's tax base. With the 
increasing loss of their more affluent white population, central cities also 
have suffered a pronounced erosion of their fiscal capacity. At the same 
time the need for city services has increased, particularly in the older and 
larger cities. The combination of rising costs and a declining tax base 
has weakened the cities' capacity to support education at levels compa- 
rable to those in the suburbs.^^ As the gap between educational services 
in the cities and suburbs has widened, more affluent white families have 
been afforded further inducement to leave the cities, again intensifying 
racial and economic isolation and further widening the gap. 

Part of the growing need for urban services arises from increasing 
poverty and urban decay, but the sources of declining fiscal capacity are 
more complex. The suburbanization of service industries has left the 
cities with an increasing proportion of heavy industry which employs 
blue-collar, and often unskilled workers, many of whom are Negroes. 
The movement of service industries to the suburbs, on the other hand, 
not only has depleted taxable property in the cities, but also has encour- 
aged the suburbanization of white-collar workers.^^ Whites have no 

''Bollens and Schmandt, The Metropolis 171 (1965). 

^^ See, generally, Benson, "Education Finance and Its Relation to School Oppor- 
tunities of Minority Groups," prepared for the U.S. Commission on Civil Rights 
(1966) (hereinafter cited as Benson Study). 

^"^ "Even a conservative view must anticipate the exodus of a large segment of re- 
tail and other nonmanufacturing businesses from downtown centers. Abandonment 
of these centers will lead to a host of municipal problems not the least of which is the 
loss of substantial tax base. These economic developments are at once a step towards, 
and a consequence of, the city-suburban bifurcation of races that promise to trans- 
form many central cities into low-class ethnic islands." Grodzins, "The Metropolitan 
Area as a Racial Problem," in American Race Relations Today 102 (Rabb cd. 1962). 
"Although central cities are losing some manufacturing industry to suburban areas 
as well as nonmetropolitan areas, they have nevertheless maintained the preponderant 
share of the Nation's total manufacturing enterprises." Kitagawa and Rogue, Sub- 
urbanization of Manufacturing Activity Within Metropolitan Areas 15 (1955). 

See also U.S. Department of Labor unpublished study, quoted in U.S. Dept. of 
Labor News Release 7359, Aug. 15, 1966: 

"A growing concentration of new industrial and commercial building in suburbs 
is intensifying the employment problems of the big-city poor — especially Negroes. 

". . . between 1954-65 more than half of all new industrial buildings and stores 
were built outside the central cities of the Nation's metropolitan areas. 

Foctnote ccntinued on folkwing page. 

25 



trouble moving to the suburbs, but housing discrimination and income 
disparities pose barriers for Negroes. Thus, the suburbanization of in- 
dustry tends to concentrate more taxable property and white families of 
higher income and higher educational attainment in the suburbs. 

As a result, central cities contain an increasingly disproportionate share 
of the poor and the nonwhite populations, and must carry heavier finan- 
cial burdens in low-income housing and public assistance programs. In 
addition, cities must spend a considerable amount of their total budgets 
for services, such as fire and police protection, sanitation and transpor- 
tation, the benefits of which are shared by non-residents. All these claims 
on city budgets — which are much less pressing in most suburbs — reduce 
the proportion that can be allocated to education. ^^ 

Table 4 shows that cities spend a third more per capita for welfare 
and two times more per capita for public safety than suburbs, while 
suburbs spend more than half again as much per capita for education. 
Suburbs spend nearly twice the proportion of their total budget upon 
education as cities. The greater competition for tax dollars in cities 
seriously weakens their capacity to support education. Even though 
school revenues are derived from property tax levies, which in theory are 
often independent of other principal taxes, city school authorities must 
take this greater competition into account in their proposals for revenue 

Table 4. — Expenditures for urban services in central cities and suburbs, 1957 





Central cities 


Suburbs 


Average per capita expenditure for fire and police 

Proportion of average general expenditure 


$27. 5 
12. 6 


$13. 
7. 


Average per capita expenditure for welfare 

Proportion of average general expenditure 


$18. 2 
8. 3 


$11.6 
6.2 


Average per capita expenditure for education 

Proportion of average general expenditure 


$58. 1 
31. 3 


$85.9 
53.8 

1 



Source: Data on fire, police, and welfare expenditures (12 metropolitan areas) from Brazer, "Some Fisca 
Implications of Metropolitanism" in J\i(<rop(i/!<a7i /ssufs; SooaZ, Governmental, I- iscal Aug. 20-30, 1961 
at 72. Data on education expenditure (36 metropolitan areas) from Sacks, Metropolitan Areas' 
Finances (unpublished manuscript in Commission files) App. A2-1 (1966). 



"Since the Negro population is rising rapidly in the Nation's big cities, the trend 
toward more business building in the suburbs is particularly hard on Negroes. 

"This reveals a long-term tendency for major sources of employment to be located 
quite a distance from the residence of workers with a very high incidence of unem- 
ployment and poverty. As a result many residents of central cities — whose incomes 
tend to be lower than those of others — will find travel to and from work in suburbs 
more expensive and time-consuming." 

Grodzins, supra at 102. "The relative immobility of heavy (manufacturing) 
industry has the result of fixing the laboring and semiskilled groups, including large 
numbers of Negroes, within the central cities." See also, Cuzzort, Suburbanization of 
Service Industries Within Standard Metropolitan Areas (1955). 

'" Sec Brazer, "Some Fiscal Implications of Metropolitanism," reprinted from 
Metropolitan Issues: Social, Governmental, Fiscal (July 1962), in 61 Brookings In- 
stitution, 71 (1962) and Sacks, Metropolitan Area Finances 20 (unpublished study 
in the files of the U.S. Commission on Civil Rights) ( 1964) . 



26 



increases. City school systems thus are faced with increasing needs for 
educational expenditures, declining fiscal capacity, and increasing compe- 
tition within the city for shares of tax revenue. 

With the increasing fiscal pressures on cities, a relative decline in their 
expenditures for education compared to suburbs has been almost in- 
evitable. As Table 5 shows, the cities in 1 2 large metropolitan areas led 
in expenditures for instruction in 1 950. In almost all cases they spent 
considerably more per pupil than the average suburb and in many cases 
more per pupil than any of their suburbs. By 1964, however, these same 
cities had slipped to the point where most were spending less than the 
suburban average.^" 

As the table indicates, all school districts have increased spending on 
instruction but the increase typically has been greater in the suburbs. 
In 1 950, the per pupil expenditure in the central city exceeded the average 
suburban expenditure in 10 of the 12 metropolitan areas. By 1964, 
the average suburb was spending more than the central city in seven of the 
12 metropolitan areas. 

State education aid often does not help to close the gap. State grants 
to assist local school districts sometimes are made on a direct matching 
basis, and often on the basis of a formula designed to eliminate inequities 



'" The figures are somewhat different for teachers' salaries. As the table below 
shows, in many cases teacher salary expenditures per pupil still are higher in the 
city than in the average suburb. 

Teacher salary expenditures per pupil 



Place 



Baltimore City 

Suburbs 

Birmingham City.. 

Suburbs 

Boston City 

Suburbs 

Buffalo City 

Suburbs 

Chattanooga City.. 

Suburbs 

Chicago City 

Suburbs 

Cincinnati City 

Suburbs 

Cleveland City 

Suburbs 

Detroit City 

Suburbs 

New Orleans City- 

Suburbs 

St. Louis City 

Suburbs 

San Francisco City 

Suburbs 



Amount per 
pupil, 1950 



$166 
122 
103 
86 
172 
162 
190 
164 
114 
115 

(') 

(') 
167 
132 
151 
148 
172 
153 
164 
106 

127 
198 
140 



Amount per 
pupil, 1964 



$335 

345 
190 
182 
360 
390 
310 
276 
233 
217 



(' 
0) 



267 
257 
244 
292 
295 
288 
241 
208 
267 
320 
390 
298 



Percent 
change, 
1950-64 



101.8 
182.8 
84.4 
111.6 
109.3 
140.7 



63. 1 
68.3 

104.4 
88.7 

(') 

0) 

59.9 
94.6 
61.5 
97.3 
71.5 
88.2 
46.9 
96.2 



152. 

96.9 

112.9 



Absolute 

dollar change, 

1950-64 



$169 
223 
87 
96 
188 
228 
120 
112 
119 
102 



(0 



100 
125 

93 
144 
123 
135 

77 
102 



193 
192 

1.58 



' Not avail ible. 
Source: Benson Siudv 31. 



27 



Table 5. — Instructional expenditwes per pupil 



Place 



Baltimore City 

Suburbs 

Birmingham City_. 

Suburbs 

Boston City 

Suburbs 

Buffalo City 

Suburbs 

Chattanooga City.. 

Suburbs 

Chicago City 

Suburbs 

Cincinnati City 

Suburbs 

Cleveland City 

Suburbs 

Detroit City __. 

Suburbs 

New Orleans City.. 

Suburbs 

St. Louis City 

Suburbs 

San Francisco City 

Suburbs 



Amount per 
pupil, 1950 



$181 
165 
116 
97 
184 
177 
213 
285 
121 
119 
181' 
197 
197 
149 
179 
162 
196 
183 
171 
108 
176 
159 
212 
159 



Amount per 
pupil, 1964 



$346 
364 
225 
228 
401 
431 
362 
375 
280 
248 
396 
414 
340 
332 
325 
407 
363 
361 
256 
220 
323 
396 
442 
409 



Percent 

increase, 

1950-64 



91.2 
120.6 

93.9 
135.0 
117.9 
143.5 

69.9 

31.6 
131.4 
108.4 
118.7 
110.2 

72.6 
122.8 

81.5 
151.2 

85.2 

97.2 

49.7 
103. 7 

83.5 
149. 1 
108.4 
157. 2 



Absolute 

dollar increase, 

1950-64 



$165 
199 
109 
131 
217 
354 
149 

90 
159 
129 
215 
217 
143 
183 
146 
245 
167 
178 

85 
112 
147 
237 
230 
250 



Source: Benson Study at 30. 

in expenditures among school districts.^^ In many metropolitan areas, 
however, the equahzing effect of State funds is only partial. As Table 6 
reveals over the past 15 years. State contributions to city school systems 
often have shown a greater proportionate increase than the average of 
State grants to the suburbs. Yet in 7 of the 1 2 metropolitan areas, States 
now are contributing more per pupil to the suburban schools than to 
those in the cities. In light of the generally higher suburban expendi- 
tures, it would appear that the pattern of State education aid within 
metropolitan areas no longer fully corresponds to fiscal need. State aid 
programs designed decades ago to assist the then poorer suburban dis- 
tricts often support the now wealthier suburbs at levels comparable to or 
higher than the cities. 

Federal aid to education had no consistent equalizing effect before 
1965. National Defense Education Act funds, for example, have been 
too small in proportion to total local expenditures to have had any 
noticeable impact upon the city-suburban imbalance. Indeed, funds 
under that Act sometimes have gone disproportionately to suburban 
schools.^- Funds allocated under legislation to aid federally impacted 
areas never were intended to have an equalizing effect. Title I of the 
1965 Elementary and Secondary Education Act, however, was designed 

^' See generally Benson, The Cheerful Prospect ( 1 965 ) . 

"See Campbell and Bunnell, "Differential Impact of National Programs on Sec- 
ondary Schools," 1963 School Review 476. 



28 



specifically to provide additional funds to those school systems with con- 
centrations of families in poverty and, as Table 7 shows, these funds have 
had an equalizing effect. Nonetheless, Federal aid — which, during the 
1965-66 school year, accounted for less than 8 percent of total education 

Table 6. — Revenues per pupil from Stale sources 



Place 



Amount 


per pupil 


Percent 


Absolute dollar 






increase, 
1950-64 


increase, 






1950-64 


1950 


1964 






$71 


$171 


140.8 


$100 


90 


199 


121. 1 


109 


90 


201 


123.3 


111 


54 


150 


177. 7 


96 


19 


52 


173.7 


33 


30 


75 


150.0 


45 


135 


284 


110. 4 


149 


165 


270 


63. 6 


105 


62 


136 


119. 4 


74 


141 


152 


7. S 


11 


42 


154 


266.6 


112 


32 


110 


243.8 


78 


51 


91 


78.4 


40 


78 


91 


16. 7 


13 


50 


88 


76.0 


38 


39 


88 


125. 6 


49 


135 


189 


40.0 


54 


149 


240 


61. 1 


91 


152 


239 


57. 2 


87 


117 


259 


121. 4 


142 


70 


131 


87. 1 


61 


61 


143 


134. 4 


82 


122 


163 


33. 6 


41 


160 


261 


63. 1 


101 



Baltimore City 

Suburbs 

Birmingham City__ 

Suburbs 

Boston City 

Suburbs 

Buffalo City 

Suburbs 

Chattanooga City.. 

Suburbs 

Chicago City 

Suburbs 

Cincinnati City 

Suburbs 

Cleveland City 

Suburbs 

Detroit City 

Suburbs 

New Orleans City_. 

Suburbs 

St. Louis City 

Suburbs 

San Francisco City 

Suburbs 



Source: Benson Study at 28. 



Table 7. — Entitlevicnts for grants under title I, Elementary and Secondary Educa- 
tion Act, fiscal year 1966 



Place 


Entitlements 
per pupil in 

average daily 
attendance 


Place 


Entitlements 
per pupil in 

average daily 
attendance 


Baltimore City 

Suburbs 

Birmingham City 

Suburbs 

Boston City 

Suburbs 

Buffalo City 


$41 
11 
31 
21 
43 
13 
78 
14 
35 
15 
66 
9 


Cincinnati City 

Suburbs 

Cleveland City 

Suburbs 

Detroit City 


$39 
8 

35 
9 

44 


Suburbs 

New Orleans City 

Suburbs 

St. Louis City 

Suburbs _ 


11 

48 


Suburbs 

Chattanooga City 


16 
50 

7 


Chicago City 

Suburbs 


San Francisco City 

Suburbs 


38 
16 



Source: Benson Study at 25. 



29 



expenditures — has not eliminated the gap between city and suburban 
school systems.*^ 

Fiscal differentials of this magnitude have a measurable impact on the 
tangible quality of education offered in city and suburban schools.^* 
Suburban schools, in many cases, have more library volumes per student, 
markedly smaller classes, more speciahzed teaching staffs, and more ade- 
quate facilities — such as those for teaching science and languages.^^ 

Suburban school systems are able to select their teachers from a much 
larger pool of applicants than central city systems. Moreover, suburban 
teachers tend to be younger, from better-educated families, and to have 
had greater variety in their prior teaching experience than those in the 
cities.'"^ There is no consistent evidence that suburban teachers receive 
substantially higher salaries/^ Other considerations such as superior 
facilities and lower pupil-teacher ratios probably draw them to the 
suburbs. In addition, the overwhelming majority of America's teachers, 
and of college students who intend to teach, express a preference for 
academically oriented schools — with a high proportion of middle-class 
children.^^ Such schools usually are found in the suburbs. 

Schools inevitably mirror their environment. Within metropolitan 
areas, the growing racial isolation and social stratification are reflected 
in the schools. All signs — the educational character and the racial com- 
position of suburban schools, the preferences of teachers, the comparative 



^"Benson Study at 2. When Table 7 is read in conjunction with Table 5, it can be 
seen that of the seven metropolitan areas in which the average suburb was spending 
more on instruction per pupil than the central city in 1964, aid under the 1965 
Elementary and Secondary Education Act would leave two central cities (Cleveland 
and St. Louis) lagging behind the average suburb. The more affluent suburbs would 
remain well ahead of the central cities despite the Federal aid. 

" For a discussion of the relationship of school quality to student achievement, see 
ch. 3 at 92-100. 

*' Analysis by the U.S. Commission on Civil Rights of data from OE Survey. See 
App. B, vol. II. 

*" Analysis, note 45 supra. 

" For example, the table below shows the salary range for teachers in city and 
suburban schools in the northeastern part of the Nation. See also App. B, vol. II. 



Percent of teachers whose salaries are 
Below $3,000 

Between $3,000 and $3,999 

Between $4,000 and $4,999 

Between $5,000 and $5,999 

Between $6,000 and $6,999 

Between $7,000 and $7,999 

Between $8,000 and $8,999 

Between $9,000 and $9,999 

$10,000 or more 



In the city 


In the suburbs 


0.7 


0.9 


.3 


.2 


1.9 


2.4 


18.6 


24.3 


16.5 


17.9 


18.3 


18.9 


11.8 


18.1 


9.9 


9.9 


21.7 


7.0 



Analysis by the U.S. Commission on Civil Rights of data from OE Survey. 
*^ OE Survey 167 (elementary school teachers), 169 (secondary school teachers] 
354-364 (discussion of findings). 



30 



levels of fiscal support, and the moxement of wealth and population — 
point to the perpetuation of the cycle of metropolitan stratification and 
isolation. The process has developed a momentum of its own that can- 
not easily be reversed. 

Thus the growing racial, social, and economic disparities between 
cities and suburbs are reflected in virtually all facets of the educational 
environment of city and suburban schools, and the disparities in the 
schools in turn encourage the process of separation. There are many 
reasons for the migration to the suburbs, but schools play a significant 
part. As suburban school systems spend more for education than the 
cities, recruit more capable teachers, reduce clafes size and improve facili- 
ties, they tend to attract increasing numbers of middle-income families — 
the overwhelming majority of them white. Given the lesser competition 
for tax revenues in the suburbs, they can spend more for education at 
lower overall tax rates than the cities. Conversely, as cities attempt to 
improve education through increased local expenditures, they must raise 
property tax rates — already relati\ely high — e\'en higher. This proN'ides 
a further inducement for movement to the suburbs. 



Racial Isolation and the Central City 

In the public schools of the central cities there are also pronounced 
patterns of stratification and racial isolation. One reason is the high 
level of residential segregation common to all cities ^■' — a product of 
private discrimination, State and local government practices, and the 
impact of federally assisted housing programs. When children are as- 
signed to schools on the basis of residential proximity, rigid residential 
segregation intensifies racial isolation in the schools. 

Private and parochial school enrollment, which is o\'erwhelmingly 
white,^° also is a significant factor in the increasing separation of white 
and Negro school children. In addition, the policies and practices of 
city school systems play an important role. 

Central City Housing 

Residential segregation, now common to all major cities in the Nation, 
is severe. The maps, for example, show intense racial concentrations in 
Chicago, 111., and St. Louis, Mo. 



''' Taeuber & Taeuber, Negroes in Cities ( 1965) . 

"" In 1960, of the more than 4 million pupils enrolled in nonpublic elementary schools 
in the United States, only 140,529 were nonuhite. 44,308 nonwhites were attending 
Footnote contiiiiied on page ;j.'!. 



31 



Map 1. — Percent of Negro population, in census tracts, city of Chicago, 1960 



ESS THAN S 0% 



OH - J» ♦% 




32 



Map 2. — Percent distribution of Negro population of St. Louis by census tract, 1960 




LEGEND: (in 7r's) 

0-19 I I 

20-49 ^H 



In large measure the responsibility for these concentrations must 
be shared, as in the exclusion of Negroes from the suburbs, by the private 
housing industry and by government. Discriminatory practices of city 
landlords, lending institutions, and real estate brokers have accentuated 
the residential confinement of Negroes.^^ 

Policies and practices of State and local governments that have en- 
couraged the racial and economic separation between cities and suburbs 
have accomplished the same result within the cities. Here, too, racial 
zoning ordinances and the judicial enforcement of racially restrictive 
covenants have played a major role. 

Other decisions made at all levels of government also have contributed 
substantially to city patterns of residential segregation. Local public 
housing authorities, instead of locating projects on small sites scattered 
throughout the city, have concentrated them in large blocks located in 
limited areas of the city, frequently in the sections where racial concen- 



nonpublic secondary schools which had a total enrollment of more than 1 million. 
U.S. Bureau of the Census, 1960 Census of Population, PC(2)-5A, Table A-1, at 129 
(1964). 

^^ See, e.g., 1961 Commission Housing Report 2-3. In addition, the device of 
"blockbusting" utilized by some real estate brokers has helped to transform integrated 
city neighborhoods into all-Negro neighborhoods. The practice of "blockbusting" 
involves the deliberate harassment of white property owners in integrated neighbor- 
hoods to induce "panic-selling," generally at below market prices. By this means, 
some brokers acquire these properties at a low price and then resell them to Negro 
families at in^ated prices. The process of harassment then typically continues until 
the neighborhood becomes all Negro. For an account of "blockbusting" tactics, see 
U.S. Commission on Civil Rights 7959 Report, 379-80 ( 1959). 

33 



trations are most dense.'"' Local improvement programs, such as urban 
renewal and highway construction, have displaced large numbers of low- 
income nonwhite families who often have no alternative but to relocate 
in areas of existing racial concentrations, thereby intensifying residential 
segregation.^^ 

The Federal Government shares with State and local governments 
the responsibility for decisions that increase residential segregation within 
cities. Low-income housing programs, although carried out by private 
parties and local government agencies, usually are federally subsidized, 
and key determinations such as site selection are made with Federal ap- 
proval. Similarly, local improvement programs often are heavily fi- 
nanced by the Federal Government and are subject to Federal approval. 
The Commission has reviewed the impact on racial concentrations in the 
city, and in the city schools, of three important Federal programs — FHA 
221(d) ( 3 ) , urban renewal, and low-rent public housing. 

As noted earlier, the Federal Housing Administration's 221(d)(3) 
program of assisting private industry in building rental projects for 
lower- to middle-income families has been primarily a central city pro- 
gram. In view of the high degree of residential segregation in cities, 
the sites selected for these projects can be important factors in either 
intensifying or reducing racial concentrations. They often reinforce 
existing racial concentrations. Of the two sites selected for FHA 221(d) 
(3) projects in Chicago, for example, one was in a virtually all-white 
area; the other in an all-Negro neighborhood. The projects, now fully 
occupied, have occupancies 99 percent white and 100 percent Negro 
respectively. The elementary schools serving the projects are 98.5 per- 
cent white and 99.6 percent Negro, respectively.'^^ In Boston, three 
projects recently built in an urban renewal area each have a nonwhite 
occupancy of approximately 87 percent. During the 1965-66 school 



"'See pp. 36—38, infra. See also 1961 Commission Housing Report, 112—14. 

"' For example, in St. Paul, Minn., which is 97 percent white, a freeway eliminated 
the housing for 311 Negro householders. This number represented 72 percent of all 
the displacement caused by the freeway, and it displaced 15 percent of the city's Negro 
housing. Furthermore, only 35 percent of those displaced Negro householders who 
sought housing outside the ghetto obtained it, while all the displaced white householders 
who sought such housing obtained it. Davis, "The Effects of a Freeway Displacement 
on Racial Housing Segregation in a Northern City," 1965 Phylon, 209-15. See also 
the account of a Negro resident of Cleveland who was displaced to make room for 
Interstate Highway 71. Cleveland Hearing, 175-79. For a discussion of the impact 
of urban renewal in displacing nonwhite families, see pp. 35-36, infra. 

■■' The projects are the Barry Avenue Apartments, 99 percent white, and Englewood 
Manor, 100 percent Negro. The schools serving the former are Nettlchorst (ele- 
mentary, 98.5 percent white) and Lakeview (high school, 95 percent white). The 
schools attended by children living in Englewood Manor are Deneen (elementary, 
99.6 percent Negro), Parker (high school, 99.9 percent Negro). School enrollments 
are for 1965-66. Interviews with Ernest C. Stevens, Executive Director, and Napoleon 
P. Dotson, Intergroup Relations Adviser, Chicago FHA Insurance Office, Sept. 20 
and 29, 1966. 

34 



year, the schools serving the project children ranged from 91 to 100 
percent nonwhite.^^ 

The Federal Housing Administration, which has the responsibility for 
administering the program, states that it "examines carefully the site 
on every multifamily housing project which it insures, and particularly 
with respect to 221(d)(3) projects." °" FHA's concern, however, is 
limited to economic feasibility. It does not base its decisions upon the 
impact a proposed 221 (d) (3) project may have on the racial composi- 
tion of the neighborhood or the schools.^ ' 

The main impact of urban renewal on residential patterns and racial 
composition of the public schools is through the relocation of families 
it displaces.''*^ More than 60 percent of the families displaced since 1949 
whose color is known are nonwhite. ''"* The Department of Housing and 
Urban Development, which administers the program, sets certain stand- 
ards of safety, sanitation, and costs to assure that the new homes of 
families and individuals who will be displaced will be adequate and 
within their means. But the Department does not look into each 
relocation plan to determine the impact of relocation in intensifying or 
reducing racial concentrations."" Neither does it determine the impact 
of relocation on the racial composition of schools.^^ 

■'" The three projects are Academy Homes, Clarksdale Gardens and Charlame Park 
Homes. Interview with Richard K. Tyrrell, Deputy Director, and James A. Feely, 
Chief Underwriter, Boston FHA Insuring Office, Aug. 19, 1966. The schools serving 
these projects are W. L. P. Boardman, David A. Ellis, Ellis Annex, Julia Ward Howe, 
and Libby Nay. Interview with Charles Q. Lynch, Director of Statistics for the 
Boston School Committee, Sept. 29, 1966. 

"" Memorandum from P. N. Brownstein, Assistant Secretary-Commissioner, FHA, 
Aug. 26, 1965, forwarded to ttie Commission by Hon. Robert C. Weaver, Secretary, 
Department of Housing and Urban Development, in response to a series of questions 
related to policies and practices of that Department (hereinafter cited as Weaver 
Letter Enclosures) . 

"' Ibid. 

^ The urban renewal program also affects racial concentrations through the reuse 
of urban renewal project land. In 1964, the then Urban Renewal Administration 
claimed that "Some 60 percent of all dwelling units on project land disposed of during 
the year ending in mid- 1964 was within the reach of low- and middle-income 
families. . . ." HHFA 18 Ann. Rep. 323 (1964). By the end of 1965, however, 
only some 84,000 dwelling units had actually been provided on urban renewal land 
since the inception of the program. During the same period more than 333,000 
dwelling units were demolished through urban renewal. Thus the program has 
demolished three times as many homes as it has produced. Statistics provided by the 
Office of Program Planning, Renewal Assistance Administration, Department of Hous- 
ing and Urban Development, Sept. 28, 30, and Oct. 10, 1966. 

"" Data obtained from the Office of Program Planning, Renewal Assistance Adminis- 
tration, Department of Housing and Urban Development, note 58 supra. 

"" Memorandum from Madison S. Jones, Director, Office of Relocation and Rehabili- 
tration, Renewal Assistance Administration, dated Aug. 24, 1966, {Weaver Letter 
Enclosures) . 

"^^ Ibid. In March 1966, the then Urban Renewal Administration announced the 
following policy: "All local public agencies carrying out relocation activities . . . 
shall maintain lists of, and refer families and individuals to, only housing which is 
available on a nondiscriminatory basis." Local public agency letter No. 364, Mar. 17, 

Footnote continued on following page. 

35 



In a number of cities, urban renewal has intensified existing racial 
residential concentrations. In Cleveland, for example, four urban re- 
newal projects displaced 1,300 families. Fully 1,100 of them were non- 
white, and 88 percent of the nonwhite families relocated in areas already 
more than 50 percent nonwhite.^- The impact upon schools is equally 
pronounced. In Boston, two schools located near an urban renewal area 
were 30 and 50 percent nonwhite, respectively, in 1960. After clearance 
and relocation (between 1962 and 1964), 25 percent of the families 
displaced relocated in the general area served by the two schools. By 
1964 the schools' nonwhite enrollment had risen to 53 percent and 87 
percent, respectively.®^ 

By far the most important Federal housing program, in terms of its 
impact on central city residential segregation, is low-rent public housing. 
For almost 30 years it has been the primary source of standard housing 
for the urban poor. In many cities. North and South, public housing 
projects have been segregated by race, sometimes by official policy.*^* 
Although racial segregation in public housing projects through overt 
Government policy now is rarely found, projects in Northern cities still 
are frequently nearly all-white or nearly all-Negro."' 

The Department of Housing and Urban Development, which 
administers this program, is concerned about the impact of each project 



1966. This policy, however, affects only listings and referrals during the execution 
phase of the project, and does not relate to housing that a local public agency may 
use for relocation resource purposes. Thus, a local public agency may satisfy the 
Department that there is adequate relocation housing available, without regard to 
whether this housing is in fact available on a nondiscriminatory basis. The Depart- 
ment's policy means only that the local public agency, in assisting displaced families 
in securing relocation housing, may only refer them to housing available on a non- 
discriminatory basis. This may well mean "Negro housing" in "Negro neighbor- 
hoods." Although this new policy requirement has not yet had a demonstrable effect, 
it may well result in intensifying racial concentrations rather than contributing to 
open occupancy. In no case does the Department insist that the operation of the 
urban renewal program must result in reducing concentrations of nonwhites in the 
community or in the schools. 

"' Cleveland Hearing, at 706-7. 

"■^ Interview with Anthony Galeota, chief structural engineer of the Boston School 
Committee, Aug. 18, 1966. The project is Washington Park. The schools are Sara 
Greenwood and William Endicott. A substantial increase in the enrollment of these 
schools has resulted in the need to bus children out of the school because of 
overcrowding. 

" In San Francisco and Detroit, for example, governmentally enforced segregation 
in public housing was practiced well into the 1950's. See Banks v. Housing Au- 
thority, 260 P. 2d 668 (1st Dist. Ct. App. Calif. 1953), cert, denied 347 U.S. 974 
(1954); Detroit Housing Comm'n v. Lewis, 226 F. 2d 180 (6th Cir. 1955), where 
such segregation was held unconstitutional. 

*■' In Cleveland, for example, of the 1 1 public housing projects in the city, 4 are 
more than 90 percent white and 3 are 90-100 percent Negro. Cleveland Hearing, 
at 157. 

36 



on schools and on neighborhood racial concentrations.^*' Nonetheless, 
public housing often has intensified racial concentrations in central city 
schools.^^ 

In San Francisco, for example, six projects totaUng more than 2,300 
units, each predominantly Negro, are grouped on one piece of land called 
Hunter's Point. The schools in the area that serve the housing projects 
all are more than 90 percent Negro.*'^ In Cincinnati, two nearby 

*" For example, the Department requires information on the adequacy (but not the 
racial composition) of schools that will serve each project and attempts to determine 
the probable racial composition of a proposed public housing project, and the pro- 
posed project's impact on the racial composition of the neighborhood or the impact 
of the racial composition of the neighborhood on the proposed project. Information 
supplied in memorandum from Housing Assistance Administration, Weaver Letter 
Enclosures, table A at 4. 

" Secretary Weaver informed the Commission: "HUD makes no attempt to assess 
the racial impact of a proposed public housing project on the composition of the 
schools serving the area, unless this evaluation arises as part of the delineation of the 
impact of the proposed project on the neighborhood and its facilities as a whole. 
The racial composition of surrounding schools may or may not be known to HUD 
reviewers." Information supplied in memorandum from Housing Assistance Admin- 
istration ( Weaver Letter Enclosures) . It is not clear whether HUD has any meaning- 
ful policy regarding the impact of site selection on racial concentrations in public 
housing projects. In 1962, shortly after the Executive Order of Equal Opportunity 
in Housing was issued, the General Counsel of what was then the Public Housing Ad- 
ministration ruled that "the mere fact that a project is divided into two or more 
separate sites in 'white' and 'nonwhite' neighborhoods would not of itself constitute a 
violation [of the Order], so long as all eligible applicants were given an equal op- 
portunity to choose which site they preferred. . . ." Memorandum from Joseph 
Burstein, Legal Division, Public Housing Administration, to Walter A. Simon, Direc- 
tor, Philadelphia Regional Office re: "Executive Order 11063, Equal Opportunity 
in Housing, relationship of Public Housing Administration contractual requirement 
to site selection," Dec. 21, 1962. In 1965, following enactment of the 1964 Civil 
Rights Act, the PHA manual was revised to contain the following provision: 
"The aim of a local authority in carrying out its responsibility for site selection 
should be to select from among otherwise available and suitable sites those which will 
afford the greatest acceptability to eligible applicants regardless of race, color, religion, 
or national origin." PHA Low-Rent Housing Manual, sec. 205, 1, p. 7 (1965) [em- 
phasis added]. In response to a complaint that proposed public housing projects in 
Chicago were being located in the Negro ghetto, the then Public Housing Commis- 
sioner explained that most Negroes on the waiting list indicated a preference for living 
in that area. The Commissioner concluded "the acceptability of . . . locations to 
eligible applicants is clearly demonstrated by the applicant's own designations of 
locations in which they prefer to live." Letter from Marie C. McGuire, Commis- 
sioner of Public Housing, to the Reverend S. Jerome Hall, Oct. 14, 1965; made 
available to the Commission by Joseph Burstein, General Counsel, Public Housing 
Administration, on Nov. 15, 1965, with a covering memorandum indicating that the 
Commissioner's letter embodies Mr. Burstein's legal opinion on the meaning of sec. 
205.1 (g) of the Low-Rent Public Housing Manual. 

"^ The projects are Ridge Point and Navy Point (war housing, 1,316 units, 72 per- 
cent Negro), Hunter's View (349 units, 90 percent Negro), Hunter's Point (317 units, 
94 percent Negro), Hunter's Point Addition (100 units, 93 percent Negro), and 
Harbor Slope (226 units, 90 percent Negro). The schools are Hunter's Point Ele- 
mentary School No. 1 (94 percent Negro), Hunter's Point Elementary School No. 2 
(95 percent Negro), Sir Francis Drake Elementary School (94 percent Negro), and 
Jedediah Smith and Annex (90 percent Negro). Project information from lists 
received from SFHA and HA A June 30, 1966. See also interviews with Evan Lane, 
Director, SFHA, on Sept. 22, 1966, and with Dr. Harold Spears, Superintendent of 
Schools of San Francisco, Sept. 21, 1966. 

37 

243-637 0—67 4 



projects — Lincoln Court and Laurel Homes — total almost 2,300 units. 
Together the projects are 99.7 percent nonwhite, and house 2,616 school- 
age children. Schools serving the development, many of them built 
specifically for that purpose, are all predominantly nonwhite.^'' 

The most extreme example, perhaps, is Robert Taylor Homes, a pro- 
ject in Chicago. Opened in 1961-62, it contains 4,415 units, 75 percent 
of them designed for large families. Of the 28,000 tenants, some 20,000 
are children.'" The entire occupancy is Negro and schools were built in 
the area to serve the project alone. Indeed, classes for lower grades are 
conducted in project units, by agreement between the school board and 
the housing authority, as a way to relieve overcrowding in the nearby 
schools.'^ 

The self-reinforcing nature of residential segregation is an additional 
factor. Along with the actions of the housing industry and Government, 
individual choice undoubtedly contributes to the creation and mainte- 
nance of residential segregation. The importance of such choice is 
hard to assess because the housing market has not been open, and housing 
choice has not been free. Nonetheless, established residential patterns are 
difficult to reverse. Many Negroes and whites have become accustomed 
to prevailing residential patterns. If the housing market were open so 
that housing choice could be exercised freely, there is some question 
whether there would be immediate significant changes in racial patterns 
of residence. 

Nonpublic Schools 

Private and parochial school enrollment also is an important factor 
in the increasing concentration of Negroes in city school systems. Non- 
public school enrollment constitutes a major segment of the Nation's 
elementary and secondary school population. Nationally, about one- 
sixth of the total 1960 school enrollment (Grades 1 to 12) was in private 
schools.'- In metropoHtan areas the proportion is slightly higher, and 
divided unevenly between city and suburb.'^ Nearly one-third more 
elementary school students in the cities attend nonpublic schools than 



"" For information on Laurel Homes and Lincoln Court, see HUD, Low-Rent 
Project Directory, Dec. 31, 1965. The racial composition of the schools serving 
these projects, was obtained in interviews with Robert Curry, Assistant Superintendent 
of Schools in Cincinnati; Joseph Beckman, Assistant Superintendent for School Build- 
ing and Planning, and other Cincinnati school officials, Aug. 31, 1966, and interviews 
with John Allen, Director, and Ronald Smith, Relocation Officer, Cincinnati Depart- 
ment of Urban Development, Aug. 26, 1966. 

'" Chicago Housing Authority, Annual Statistical Report, Dec. 1965. 

" Interview with Alex Rose, executive director, Chicago Housing Authority, Sept. 13, 
1966. 

''• U.S. Bureau of the Census, 1960 Census of Population, School Enrollment, 
Table A-1, at 129 (1964). 

'"U.S. Bureau of the Census, 1960 Census of Population: U.S. Summary, PS(1)- 
IC, Table 101, at 1-239 (1964). 

38 



in the suburbs."^ Almost all of them are white. "^ In the larger metro- 
politan areas the trend is even more pronounced. As Table 8 shows, 
a much higher proportion of white city students than white suburban 
students attend private and parochial elementary schools. Nonwhites in 
these metropolitan areas, whether in cities or suburbs, attend public 
schools almost exclusively. 



Table 8. — Proportion of total elementary students, by race, 
schools, for 15 large metropolitan areas, 


in public and nonpublic 
1960 




Central cities 


Suburbs 




Wliite 


Nonwliite 


White 


Nonwliite 


Public 

Nonpublic 


61 
39 


94 
6 


75 
24 


97 

o 
O 



Source: Taueber, Tables on School Enrollmcntin Selected Mdropolitan Areas, xtrepaxadtOT theComiaission 

Thus nonpublic schools absorb a disproportionately large segment of 
white school-age population in central cities, particularly in the larger 
ones. This poses serious problems for city school systems. In St. Louis, 
for example, 40 percent of the total white elementary school population 
attended nonpublic schools in 1965; in Boston, 41 percent; in Phila- 
delphia, more than 60 percent.''' 



Educational Policies and Practices 

Although residential patterns and nonpublic school enrollment in the 
Nation's cities are key factors underlying racial concentrations in city 
schools, the policies and practices of school systems also have an 
impact. These policies and practices are seldom neutral in effect. They 
either reduce or reinforce racial concentrations in the schools. 

Underlying all policy and practice is the method that the school 
system uses in determining which children particular schools shall serve. 
While there are exceptions and variations, the method most commonly 
used in city school systems is that of geographical attendance zoning. 

'* Ibid. 

"* See note 50 supra. 

'* For data on St. Louis parochial and public schools, see Semmell, Report on and 
Investigation of Racial Isolation in St. Louis Public Elementary and Secondary 
Schools, App., Tables P-1, P-2, P-11, P-13, P-14 (1966), prepared for the U.S. 
Commission on Civil Rights — hereinafter cited as St. Louis Study. Data on pri- 
vate secular schools not included. Boston College, Race and Education in Boston, 
prepared for the U.S. Commission on Civil Rights — hereinafter cited as Boston 
Study. For data on Philadelphia parochial schools, see University of Pennsylvania, 
Philadelphia School Study: Racial Isolation, Achievement and Post-School Perform- 
ance App., Table 36 (1966) prepared for the U.S. Commission on Civil Rights — 
hereinafter cited as Philadelphia Study. For data on Philadelphia public school 
enrollment, see School District of Philadelphia, A Statistical Study of the Distribution 
of Negro Pupils in the Philadelphia Public Schools. Jan. 3, 1966. 

39 



The Development of Northern Attendance Patterns 

America's schools exhibit a variety of attendance patterns. In most 
rural and many suburban areas, students attend school some distance 
from their homes. During the last three decades there has been a trans- 
formation of rural and suburban education, with large consolidated 
school districts and centralized schools replacing smaller districts and 
schools. ^^ In some cases students are transported considerable distances 
to school. Indeed, more than one-third (15.5 million) of the Nation's 
pubUc school children rode buses to school during the 1963-64 school 
year."^ 

The reverse of this pattern has occurred in most of the Nation's cities. 
As population densities have increased, urban school attendance 
areas have shrunk. During the earlier part of this century the attendance 
areas of city schools often encompassed much more territory and served a 
more diversified student population than at present. As one prominent 
educator has pointed out : 

Most men and women over 40 recall a childhood schooling in 
which the sons and daughters of millowners, shop proprietors, pro- 
fessional men, and day laborers attended side by side. School 
boundaries, reaching out into fields and hills to embrace the pupil 
population, transcended such socio-economic clusterings as ex- 
isted.^^ 

For example, in Cleveland, Ohio, in the 1920s, the schools in the 
central area of the city served a variety of ethnic groups including, but 
not limited to, Negroes.®° In recent decades, however, the enrollment 
in neighborhood schools has become socially and racially more homo- 
geneous.*^ The development of smaller, more rigidly applied geo- 
graphical attendance areas has paralleled the increase in residential 
segregation and made racially mixed schools a rarity. 

At the same time, the meaning of "neighborhood" has changed. 
Recent developments in the pattern of urban life — rapid population 
shifts and the growing distances city residents travel for recreation, 
business, and shopping — have diffused traditional neighborhood pat- 
terns. Traditional neighborhoods — self-contained, cohesive communi- 
ties — do not, in fact, appear to be the basis for neighborhood attendance 



"U.S. Office of Education, Statistical Summary of State School Systems 1963-64, 
4 (1965). 

"U.S. Office of Education, Statistics on Pupil Transportation 1963-64 (1965). 

■Mpp. 2)2.2 at 260. 

'Tierman, The Negro in Cleveland Education, June 1941; (unpublished Master's 
Thesis in the Western Reserve University Library). 

" See, e.g., Havighurst, "Urban Development and the Educational System," in 
Education in Depressed Areas, 34—36 (Passowed. 1963). 



40 



policy. Instead, the common rationale for neighborhood attendance 
rests more on convenience. Under State laws, school administrators 
seek to establish school attendance areas for the greatest convenience 
of students."" Attendance areas commonly are defined, not by the bound- 
aries of communities, but by reference to population density, the size of 
schools and geographic barriers such as highways and railroads. 

In almost ever)- city the size of attendance areas has grown smaller 
during recent years not because of decisions that it is necessary today for 
children to attend schools closer to their homes than in the past, but rather 
as a result of increasing population density. Even today, the size of at- 
tendance areas varies widely not only among cities, but within the same 
city. In Oakland, Calif., for example, some elementary school attend- 
ance areas are as much as 1 times the size of others.®^ 

Nor are attendance areas invariably determined by specific guidelines 
concerning the optimum size of schools. School size also varies widely 
within particular cities. In Chicago, for example, elementary schools 
range in size from 93 to 2,539 students.^' 

Thus school attendance areas are prescribed, not by any rigid for- 
mulas, but through the exercise of broad discretion by school authorities 
who must decide where to locate schools and boundaries. Decisions once 
made, moreover, must be revised constantly. As the population of a 
city grows or shifts from one area to another, some schools become over- 
crowded and others underutilized. School authorities must determine 
whether they can best relieve overcrowding by building new schools or 
by redistributing the school population among existing schools. If they 
elect to build new classrooms, they must decide whether to enlarge exist- 
ing schools or select new sites. If they decide to redistribute pupils 
among existing school facilities, they must determine whether to redraw 
boundaries or make an exception to the policy of geographic assign- 
ment — for example, by providing for the transportation of students to 
schools outside their attendance areas. 

Such discretionary decisions of school authorities frequently have the 
efTect either of intensifying or lessening racial segregation in the schools. 
In a few Northern cities these decisions have been made with the purpose 
and effect of reducing racial concentrations. Frequently, however, the 
effect has been to increase segregation. In some cases, the decisions 



-- "The board of education of each city, exempted village, and local school district 
shall provide for the free education of the youth of school age within the district 
under its jurisdiction, at such places as will be most convenient for the attendance 
of the largest number thereof." See, e.g., Ohio Rev. Code, sec. 3313.48 (1960). 
(See also Mass. Gen. Laws ch. 71, sec. 68 (1964) 

*' Dumbarton Research Council, Race and Education in the City of Oakland, 
prepared for the U.S. Commission on Civil Rights, Map 1, p. 22 (1966) (hereinafter 
cited as Oakland Study). 

^ Chicago Public Schools, Survey of Students, Oct. 8, 1965. Clark Branch of Key 
in District No. 4 had 93 pupils, Jenner in District No. 7 had 2,539 in 1965. 

41 



clearly have been made for that very purpose. In others, while purpose- 
ful segregation is not apparent, the effect has been the same.^^ 

Purposeful Segregation 

Purposeful segregation by administrative action is not always easy to 
detect. Nonetheless, such segregation in the form of gerrymandering 
has been found to have occurred in a few Northern cities, as recent 
court decisions in New Rochelle, N.Y.,-'^ and Hillsboro, Ohio,^' attest. 

These cases appear to be the legacy of an era, only recently ended in 
some places in the North, when laws and policies explicitly authorized 
segregation by race. State statutes authorizing separate-but-equal public 
schools were on the books in Indiana until 1949, in New Mexico and 
Wyoming until 1954, and in New York until 1938.'^ Other Northern 
States authorized such segregation after the Civil War and did not repeal 
their authorizing statutes until early in the 20th century.^^ 

In New Jersey, separate schools for Negroes were maintained well into 
the 20th century despite an 1881 statute prohibiting the exclusion of 
children from schools on the basis of race."*' In 1923, the State Com- 
missioner of Education ruled that local school authorities could provide 



^ A number of studies and reports have explored school system practices which 
have had the effect of rein''orcine; racial isolation. See e.g., National Association of 
Intergroup Relations Officials, Public School Segregation and Integration in the 
North (1963); Advisory Panel on Integration of the Public Schools of Chicago, 
Report to the Board of Education (1964) ; Dodson, Racial Issues in Public Educa- 
tion in Orange, New Jersey (1962) ; Committee on Race and Education, Race and 
Equal Educational Opportunity in Portland's Public Schools, 1964; Citizens Advisory 
Committee of the Board of Education of Detroit, Equal Educational Opportunities 
(1962). 

*" In New Rochelle, N.Y., gerrymandering of the attendance boundaries for the pre- 
dominantly Negro Lincoln Elementary School began in 1930. An all-white irregular 
corridor was carved out of the Lincoln zone and placed in an adjacent all-white zone. 
In the years that followed, the Negro population expanded and the boundary lines for 
the Lincoln School were extended to contain the Negro children within the Lincoln 
zone. In 1961, the courts held this practice to be a violation of the 14th amendment. 
Taylor v. Board of Education, 191 F. Supp. 181 (S.D.N.Y.), aff'd 294 F. 2d 36 (2d 
Cir. ) , cert, denied, 368 U.S. 940 ( 1 96 1 ) . 

" In Hillsboro, Ohio, separate schools for Negroes and whites had been maintained 
by school authorities on an informal basis until 1954, even though State law forbade 
racially separate schools. In 1954, seven Negro children registered in the white 
elementary schools. The schools were closed for several days and the school board 
established the citv's first geographical attendance areas. When the schools reopened, 
the seven Negro children had been assigned to the Lincoln Elementary School, which 
was all-Negro. The attendance zone established for Lincoln consisted of two 
separate, noncontiguous areas, and the school itself was not located within its 
own attendance area. Several Negro students had to walk past a white school on 
their wav to Lincoln. Here, too, the courts found this practice to be in violation 
of the Constitution, demons v. Board of Education, 228 F. 2d 853 (6th Cir.), cert, 
denied, 350 U.S. 1006 (1956). For further discussion, see Legal Appendix infra at 
219. 

^ Mangum, The Legal Status of the Negro, 81 ( 1940) . 

*" Stephenson, Race Distinctions in American Law, 77-88 (1910). 

^ Wright, The Education of Negroes in New Jersey, 167-168 (1941 ). 

42 



special schools for Negroes in their residential areas, and allow the 
transfer of white students from these schools to white schools."^ The 
ruling was reaffirmed in 1930."- As late as 1940, there were at least 70 
separate schools for Negroes in New Jersey.''" 

In Illinois, although an 1874 statute prohibited the exclusion of stu- 
dents from schools on the basis of race, at least seven counties maintained 
separate schools for Negro children as late as 1952 and assigned teachers 
and principals on a racial basis. The State Superintendent of Educa- 
tion had a Negro assistant whose responsibilities included supervising 
the State's separate Negro schools.'" In the 1930's Chicago maintained 
a high school called "Phillips High School for Negroes." ^'' 

In Ohio, well into the 1950's, there were cities which maintained 
separate schools for Negro students.'"' In Cincinnati, between the Re- 
construction Era and 1955, the school system operated city wide "volun- 
tary" schools, which in 1950 were attended by about one-third of the 
Negro elementary students."' The teaching staff also was segregated."^ 



"'/rf. at 192. The ruling stated that: 

"The board of education has furnished these colored children proper facilities. 
It has designated the school at which they shall attend and has furnished them 
with a regularly licensed teacher. It therefore has acted entirely within its lawful 
duties and has exercised only its just powers. It docs not matter that the board 
has designated the Fairview School as a colored school and has given it such a 
name. ... It is no discrimination under the school law for a board of education 
to make such distribution of the children in the different schools of the school 
district as in its judgment shall seem best to meet all the requirements of the school 
laws." 

"- Ibid. 

"' Id. at V. 

"* Ming, "The Elimination of Segregation in the Public Schools of the North and 
West," 21 Journal of Negro Education ^2^5 (1952). 

^ Federal Emergency Administration, P.W.A. Non-Federal Allotments; Educational 
Institutions for Negroes at 10 (March, 1939). In the 1965-66 school year, the same 
school, Phillips High School, was 99.9 percent Negro. Surrey of Students, supra 
note 84. 

""Segregated schools for Negroes in Ohio cities in the 1940"s existed in Dayton. 
Xenia, and Lockland. Xenia's Negro school was maintained by district boundaries 
which were identical to the boundaries of the Negro area. Negro children living out- 
side that area were advised to attend the Negro school. Jackson, "The Development 
and Character of Permissive and Partly Segregated Schools,"' 16 Journal of Negro 
Education 302,305-307 (1947). 

"' Department of Public Instruction, Cincinnati Public Schools, History of Negro 
Education in the Cincinnati Public Schools, 6-9 (1964): enrollment data for 1950 
supplied by the Cincinnati public schools. Administrative practices of purposeful 
school segregation have also been noted in Chicago, 111. and Gary, Ind. In Chicago. 
111., the practice of zoning Negro schools on the basis of Negro neighborhoods was 
carried on into the 1930's ard 1940's. For a discussion of practices in Chicago, see 
Baron, "History of Chicago School Segregation to 1953," Integrated Education, Jan. 
1963; U.S. Commission on Civil Rights, Civil Rights U.S.A. Public Schools, Cities 
in the North and West, 1963 — Chicago, 188. In Gary, Ind,, schools in racially inte- 
grated areas were segregated by school board policy until 1947 when the school system 
changed to a policy of geographic zonin?. Kaplan. "Segregation Litigation and the 
Schools— Part III: The Garv Litigation." 59 N.W.U.L. Rev. 124, 125 (1963). 

"^Dealv. Cincinnati Board of Education, 244?. Supp. 572 (S.D.Ohio 1965). aff'd. 
Civ. No. 16863, 6th Cir. Dec. 6, 1966. "Prior to 1943 the only Negro teachers 
employed were assigned to the all-Negro voluntary schools." Testimony at U.S. 
District Court trial, of Superintendent Wendell Pierce, Deal supra., Record p. 142. 

43 



In some cases, State courts in the North upheld racially separate school 
facilities. During the 19th century, courts in Ohio, Delaware, New York, 
and other States allowed exceptions to geographical attendance for the 
purpose of maintaining the segregation of Negroes.^''' In 1876, for ex- 
ample, in a suit brought by Negro parents against the Cincinnati Board 
of Education seeking an order that their children be allowed to attend a 
white school in their neighborhood, the parents contended that the chil- 
dren had to walk four miles each way to attend a Negro school. The 
court dismissed this argument, saying : 

[S]omebody must walk farther than the rest. . . . The only in- 
convenience complained of is taking a long walk, which is not 
longer than children must take to go to other schools, such as high 
schools, and less than some must take to go to the university. ^°° 

Practices Bearing on School Attendance 

Although purposeful school segregation resulting from legal compul- 
sion or administrative action is not often found now in the North, ap- 
parently neutral decisions by school officials frequently have had the 
effect of reinforcing the racial separation of students, even where alterna- 
tives were available which would not have had that result. 

School Construction 

Of the areas of decision-making which can affect racial isolation, de- 
terminations concerning construction of new school facilities are perhaps 
the most important. Decisions made about location and size of schools 
can determine attendance patterns for long periods of time. As Table 
9 shows, the overwhelming majority of elementary schools built in 17 



°° States which had laws in the 19th century which either authorized separate 
public education for Negroes or permitted segregated schools included: Ohio (47 Ohio 
Laws 1849 sec. 1 at 7), Pennsylvania (Pa. Laws 1854, No. 610 ch. 6 sec. 24 at 623), 
Indiana (Ind. Laws, Spec. Sess. 1869, ch. 6 sec. 3 at 41), California (Calif. Laws 
186, sec. 1 at 325), Iowa (Iowa Laws 1858 ch. 52 sec. 30 at 51), New York (2 
N.Y. Laws ch. 556 sec. 28 at 1288). 

Each of these statutes was subsequently repealed. Ohio (94 Ohio Laws 1887 
No. 71), Pennsylvania (Pa. Laws 1881 No. 83 sec. 2), Indiana (Ind. Laws 1949 
ch. 186 sec. 10), California (Amendments to the Code of California of 1880, ch. 44 
sec. 62), Iowa (Rev. Stat. Iowa 1860, ch. 8 sec. 2023-2024), New York (2 N.Y. 
Laws 1900 ch. 492 sec. 2). 

States which had, prior to the School Segregation Cases, permitted segregation on 
an optional basis but whose statutes have been repealed or locally ruled invalid 
include: Kansas, Arizona, New Mexico, Wyoming. See Greenberg, Race Relations 
and America Law 245-246 (1959) . 

^'^ State of Ohio ex. rel. Lewis v. Board of Education of Cincinnati, 1 Ohio Dec. 
Repr. 129, 130 (1876). 

44 



Northern and Western cities in the last decade and a half had either nearly 
all-Negro or nearly all-white enrollments when they opened."^ 

Table 9. — The number and percentage of elementary schools constructed in 16 
cities ichich opened (1950-65) 50 percent or more Negro, 90 percent or mwe 
Negro, and 90 percent or more white. 



Number 
of cities 


Number of 

elementary 

schools 


Number and 

percent which 

opened 50 percent 

or more Negro 


Number and 

percent which 

opened 90 percent 

or more Negro 


Number and 

percent which 

opened 90 percent 

or more white 


Number and 
percent whicli 
opened nearly 
all-Negro or 
nearly all-white 
(sum of columns 
4 and 5) 


16 


371 


67 (18.0) 


48 (12.9) 


264 (71. 2) 


312 (84. 1) 



Alternative solutions are not always readily available within the frame- 
work of geographical zoning, but neither are they always absent. The 
pattern of residential segregation varies from city to city. In some cities, 
Negroes are concentrated in one residential area, and in others, in a 
number of smaller areas. Each situation affords its own possibilities or 
limitations for school desegregation. Often the decisions school admin- 
istrators must make when additional school facilities are needed can have 
a substantial effect. The selection of a site for a new school, the determi- 
nation of its size and attendance area, and decisions on whether to build 
a new school or adopt some other alternative, such as enlarging an older 
school, help determine the racial composition of schools. 

Site Selection and School Size. — Actions of school officials in Oakland, 
Calif., show how selection of a site for a new school can have the effect 
of limiting racial desegregation of students. The opening of Skyline 
High School created a new senior high attendance district that removed 
white high school students from a racially mixed to an all-white school. 
SkyUne High was situated in a white residential area in the Oakland 
hills and it withdrew white students from four other senior highs. ^°- Sky- 



"* Information on school construction and racial composition of new schools when 
opened was furnished to the Commission by the school systems of the following cities: 
Pasadena, Sacramento, Oakland, Fort Wayne, Des Moines, Boston, Flint, Omaha, 
Columbus, Cincinnati, Cleveland, Portland (Oreg.), Philadelphia, Pittsburgh, Salt 
Lake City, and Milwaukee. Information on Omaha is only partial. (Data in Com- 
mission files.) 

^'" Oakland Study at 37. The table below gives the racial composition of high 
schools affected by the opening of Skyline. Oakland Study at 38. 



School 


Percent 
Negro 
1959-60 


Percent 
Negro 
1962-63 


Percent 
Negro 
1965-66 


Skyline . .. ..- .-. 


(•) 

8.0 
29.2 
22.2 

8.9 


1.0 
17.0 
42.0 
44.0 
14.0 


7.1 


Oakland High 


25.4 


Oakland Tech 


51.1 


Castlemont .. . ... 


70.1 


Fremont 


26. C 







*Not opened. 



45 



line, which opened in 1961, was 99 percent white the following year/"'' 
The new school was so situated as to make it extremely difficult to draw 
boundaries that would include a substantial number of Negroes in the 
student body.'"' 

Two examples from San Francisco illustrate the combined effect 
of site selection and school size on the racial composition of the schools. 
During the 1950's, capacity for approximately 2,400 elementary chil- 
dren was added to the predominantly Negro schools in the Hunter's 
Point area. As a result, three of the Hunter's Point schools were enlarged 
to a capacity of about 1,000 pupils each. At the same time a new 
elementary school — Fremont — was constructed within an adjacent white 
area. But the school provided space for only 450 pupils. Given its 
location and small size, Fremont could not accommodate the Hunter's 
Point children. The school opened with a nearly all-white student 
body."^ 

A similar case involved the construction of the Anza Elementary School 
which opened in 1952."*^ Anza was buUt in a white area about eight 
blocks from the predominantly Negro Golden Gate Elementary School 
in the Fillmore area, a Negro residential neighborhood. ^°^ At the time 
Anza was planned, Golden Gate was overcrowded and some of its stu- 



'"^ Ibid. Racial enrollment statistics are unavailable for the 1961-62 school year. 

'"* U.S. Commission on Civil Rights, Civil Rights U.S.A. Public Schools, Cities in 
the North and West, 1963, Oakland 12. "It (the Skyline site) also presented some 
major disadvantages. It was not centrally located ; public transportation was not 
available . . . and a major portion of the site was outside the city limits so that annexa- 
tion would be necessary." Previously, the school administration had considered 
boundaries for a new high school which "would have resulted in a better socio- 
economic (and perhaps racial) mix at the new high school because of the more 
westerly boundary contemplated." (Id. at 11.) 

^°- San Francisco Unified School District, Statistical Report of San Francisco Public 
Schools, 1961—62, 20-26 (school construction data) ; memorandum, Total Class- 
room Capacities, prepared for Frederick T. Cioffi, U.S. Office of Education fUSOE) 
by Dr. William A. Cobb, Assistant Superintendent, San Francisco Unified School Dis- 
trict, Jan. 19, 1966; San Francisco Unified School District, Building Utilization — 
San Francisco Elementary Schools, Sept. 19, 1963 (capacity data). All racial data, 
1950-61, based on estimates obtained in staff interviews with Mr. and Mrs. Cecil 
Poole; Dr. Ruth Howard, Chairman, Language Department, Lowell High School; Ed- 
ward Howden, Executive Director, California FEPC; Seaton Manning, former Execu- 
tive Director, San Francisco Urban League; Dr. Hilda Taba, San Francisco State Col- 
lege; Josephine Cole, teacher, San Francisco Unified School District (SFUSD) ; and 
Rev. Alfred Dale; August 1966. Dr. Mary McCarthy of the School Department also 
confirmed that Fremont opened nearly all-white. Fremont School later became ma- 
jority-Negro. The present boundary between Fremont and Burnett (a Negro school 
on Hunter's Point) is Third Street, a major thoroughfare. It is crossed in the adjacent 
Bayview district. There is no other barrier between Fremont and Hunter's Point. 
(Staff interview with Reginald Major, former education director, San Francisco 
NAACP, Nov. 15, 1966.) 

'"" School construction data obtained from SFUSD, Statistical Report on the San 
Francisco Public Schools, 1961-62, 20 (1962). 

'"' SFUSD, op, cit. supra note 106 (location). Interview with Mr. and Mrs. Cecil 
Poole, et al., op. cit. supra note 105 (racial data). 

46 



dents were being bused 15 blocks to the Pacific Heights school."^ But 
Anza was planned to accommodate only 540 students and opened as a 
nearly all-white school. "° Children from nearby Golden Gate continued 
to be bused to Pacific Heights."" 

Boundaries. — Often there is a close relationship between the selection 
of a school's site, the determination of its size, and the creation of its 
attendance areas. In some cases, even where the school is so located 
and of such a size that it otherwise might draw a mixed student popula- 
tion, school authorities have drawn attendance area boundaries which 
have the effect of perpetuating racial separation. Examples from Chi- 
cago, 111., and Cincinnati, Ohio, illustrate the point. 

On the west side of Chicago, a new elementary school — Paderewski- — 
opened in 1964. Some of the Negro children in Grades K-6 assigned 
to Paderewski formerly had attended the nearby Burns Elementary 
School which had been 60 percent Negro the year before. As Illustra- 
tion 1 shows, because the new boundaries selected for Paderewski in- 
cluded almost all the Negro elementary school children who previously 
had attended Burns, the elementary grades at Burns became nearly all- 
white. Paderewski opened 98 percent Negro."' The purpose of the 



"^ SFUSD, Transportation Report, memorandum to Assistant Superintendent Wil- 
liam Cobb from E. Lahl, Supervisor, Division of Supplies, Nov. 1, 1965 (hereinafter 
called Transportation Memo) and telephone interview with Dr. Cobb, October 1966. 

^'''■' Anza opened in 1952 at 90 percent of capacity with room for 56 more children. 
(SFUSD, Active Enrollment Oct. 31, 1952; see also Letter from Assistant Superin- 
tendent William Cobb, Sept. 27, 1966 [capacity].) By 1954, its enrollment had 
reached 526. {Active Enrollment supra, Oct. 29, 1954.) The school was a replace- 
ment for the old Fremont School. (SFUSD, letter from Assistant Superintendent 
William Cobb, Aug. 16, 1966.) It was moved to a new location farther from Golden 
Gate and more suitable to middle-income white housing. (Staff interview with Mrs. 
Poole, et. al., op. cit. supra note 105). The school system contends that .^nza was 
planned as an integrated school. However, according to Dr. Cobb, when Anza opened 
there were few Negroes enrolled. (Telephone interview, Nov. 1966.) Negroes began 
moving into the area during the late 1950's. By 1962, Anza was 76 percent Negro. 
(Memorandum from George Boisson to Dr. Harold Spears concerning racial composi- 
tion of schools, Jan. 22, 1963.) During its transition from a nearly all-white to ma- 
jority-Negro school, Anza served as a model of an integrated school. (Information ob- 
tained in staff review with Reginald Major, former education director, San Francisco 
Branch, NAACP, Nov. 1966.) However, the fact that Anza was placed farther from 
Golden Gate than the school it replaced, the fact that there is no barrier between 
the two districts (the present boundary is Divisadero which is crossed in the adjacent 
Emerson district), and the fact that the overflow from Golden Gate was not accom- 
modated at the new school, suggest that the school was originally planned to serve 
the white community. 

"" Transportation Memo. 

'" Attendance boundaries of Burns before and after the opening of Paderewski 
come from Proceedings of the Board of Education of the City of Chicago, Sept. 27, 
1961 at 469; Nov. 13, 1963, at 666. Data on the racial composition of schools come 
from the Chicago Public Schools, Student Survey (1963, 1964). The racial composi- 
tion of Burns (K-8) in 1964 was 59 percent white, 19 percent Negro, and 21 percent 
other. Although Burns was 19 percent Negro in the 1964-65 school year, its Negro 

Footnote continued on following? pa^c. 

47 



Illustration 1. Burns Elementary School Boundary Before (Top) 
AND After (Bottom) Opening of Paderewski Elementry School in 
Chicago, III. 




PREDOMINANTLY 
I *^^ NEGRO AREA 



WHITE AREA 



I I BURNS (K-9) 
I I BURNS I ATTENDANCE 



boundary 



II UNDERPASSES 



c.**- 







'mm. 


p 






m 




1^^ 


'^^VAV///////////. 
/vz/ paderewski; 


w 


W^ 


^ 


1 

1 


^g^^^ ' 




1 
1 


1 

1 

1 


1 BURNS 


1 


L 




« 



BURNS K-6 
BOUNDARY 



BURNS 7-8 
BOUNDARY 



UNDERPASSES 



students were virtually all in the seventh and eighth grades, while Grades K-6 were 
nearly all-white. That the elementary grades were nearly all-white is derived from 
the location of the attendance boundaries for Grades K-6 and Grades 7 to 8. The 
attendance area for Grades K-6 encompasses a white residential area south of the 
C.B. & Q. railroad tracks. The attendance area for Grades 7 and 8 incorporates the 
same area as the boundaries for K-6 plus an additional area north of the railroad 
tracks, an area which is nearly all-Negro. (School boundaries for 1965-66 and racial 
composition of census blocks for each year since 1960 were obtained from a map pre- 
pared by the U.S. Office of Education, from data obtained from the Chicago Public 
Schools.) The railroad tracks, which are the common boundary between Burns and 
Paderewski, are not impassable to elementary children. Children crossed these tracks 
before 1964 to attend Burns and crossed them in 1965-66 in other attendance areas 
on the West Side. There are numerous underpasses in the area [U.S. Department of 
the Interior, Englewood Quadrangle, Illinois, Cook County 7.5-minute series (topo- 
graphic map)]. 



48 



new construction and of the boundary change was to reheve overcrowd- 
ing at Burns and other schools in the area. When Paderewski opened, 
it was more severely overcrowded than Burns had been the previous 
year."- 

In Cincinnati, Ohio, a new junior high school — Sawyer^ — was opened 
in 1962, to relieve overcrowded conditions at two other junior high 
schools — Ach and Withrow — in the city's western area."' As Illustra- 
tion 2 shows, the new school was located between Ach (92 percent 
Negro) and Withrow (58 percent white) ."^ The boundary lines of the 

Illustration 2. Cincinnati: Ach-Sawyer- Withrow Boundary Change 




ACH, WITHROW ATTENDANCE 
BOUNDARrES IN 1961-62 BEFORE 
SAWYER OPENED 

SAWYER Jr. HIGH ATTENDANCE 
BOUNDARIES, ESTABLISHED 
1962-63; CURRENT AS OF 7/o6 



[2J PREDOMINANTLY NEGRO AREA 
Q PREDOMINANTLY WHITE AREA 



^" According to the report of the General Superintendent to the Board of Education, 
the opening of Paderewski would relieve overcrowding at Burns and six other ele- 
mentary schools on the West Side. (Chicago Public Schools Proceedings of the 
Board of Education 666, Nov. 13, 1963.) However, Burns in 1963 had an average 
of 32.1 students per classroom in Grades 1 to 8. In 1964, Burns had an average of 
32.6 students per classroom in Grades 1 to 8 and Paderewski opened with 36.2 
students per classroom in Grades 1 to 6. (Chicago PubHc Schools, Use of Facilities, 
Elementary School Buildings, Sept. 27, 1963, and Oct. 2, 1964.) 

"^ Joint exhibit No. 17, Deal v. Cincinnati Board of Education, supra note 98. Ach 
(92 percent Negro in 1960) was at 112 percent of capacity, Withrow (42 percent 
Negro in 1960) was at 97 percent of capacity. Division of Research, Statistics, and 
Information, Cincinnati PubHc Schools, Memberships, Percent and Number of 
Negro Pupils by Schools, 1960-61, 1963-64, 1964-65, and 1965-66, Jan. 11, 1966. 
Capacity and enrollment data for each year since 1950-51 furnished to the Com- 
mission by the Department of Research, Cincinnati Public Schools.) 

"' Joint exhibit No. 272, Deal v. Cincinnati Board of Education, supra note 98 (map 
showing attendance boundaries of existing secondary schools.) Cincinnati Public 
Schools, op. cit. supra note 113 (racial composition of schools). 



49 



new school's attendance area were drawn to include part of the area 
formerly zoned to Ach (92 percent Negro) and almost the entire Negro 
residential area formerly zoned to Withrow (58 percent white). The 
following year Ach was 99 percent Negro; Withrow was 83 percent 
white ; and Sawyer was 98 percent Negro/" 

Alternatives to New School Construction 

As noted earlier, new schools often are built in response to rapidly 
rising school enrollments. As an alternative to constructing new schools, 
urban school systems sometimes use temporary space or enlarge existing 
facilities to accommodate enrollment increases. In a number of cases 
these expedients also have had the effect of heightening racial concentra- 
tions. Examples from Oakland, Calif., and Milwaukee, Wis., illustrate 
the point. 

In Oakland, increases in elementary school enrollment in predomi- 
nantly Negro areas of the city have been absorbed through the use of 
"portable" classrooms. ^^'^ In north Oakland, population movements re- 
sulted in a net increase of more than 2,000 Negro children and a decrease 
of 742 white children between 1950 and 1965.^^' Additional space, in- 
cluding 28 "portables," was furnished at three schools in that area. 
There was no other construction or any boundary changes during the dec- 
ade of the 1950's. The same procedure was followed in east Oakland, 
where the number of Negro children in 16 years increased from 273 to 

"" Plaintiffs' exhibit No. 17, Deal v. Cincinnati Board of Education, supra note 98 
(map showing the boundaries of Ach and Withrow in 1961-62 prior to the opening 
of Sawyer, the attendance boundaries drawn for the new Sawyer School in 1962-63 
which are still current, and the location of predominantly Negro and predominantly 
white areas) . 

The location of Sawyer Junior High School did not make its 98 percent Negro 
enrollment inevitable. Sawyer is on the edge of a large Negro residential area and 
is quite close to a predominantly white residential area. The former Cincinnati 
superintendent acknowledged in his testimony in Deal, that he lived in the predomi- 
nantly white neighborhood close to Sawyer and that children in his neighborhood 
lived closer to Sawyer but attended Withrow Junior High School. The superin- 
tendent also acknowleged that there was no physical obstruction or hazard which 
would prevent people living in his block from attending Sawyer. (See testimony of 
former Superintendent Wendell Pierce, Record, p. 216, Deal v. Cincinnati Board of 
Education, supra note 98.) Sawyer is not located in the center of its attendance area; 
it is located on the extreme eastern edge of its attendance boundary. (Joint exhibit 
No. 272, Deal v. Cincinnati Board of Education, supra note 98.) The school's loca- 
tion, then, could have taken advantage of both Negro and white neighborhoods in close 
proximity to one another. There are no official racial enrollment statistics for the 
year Sawyer opened. However, the next year Sawyer was 98 percent Negro. 

^^^ Oakland Study at 51. "Of all the portables in use in the school year 1965-66 
at the elementary level, almost one-third (32 percent) were located at schools which 
had more than 90 percent Negro enrollment. . . . There has been an overall increase 
in the use of portables in the whole school system in the last 10 years, but this 
increase has been felt most strongly at schools with high Negro enrollments. Ele- 
mentary schools with over 90 percent Negro enrollment showed a 75 percent increase 
in the use of portables between 1956 and 1966. . . ." 

"' Id. at 28. 

50 



more than 5,500, and the number of portables in use at elementary schools 
also increased substantially."'^ Between 1953 and 1963, nine new ele- 
mentary schools were opened in the city. Of these, three were in Negro 
areas and consisted entirely of portable units. The remaining six were in 
the virtually all-white Hill area, and of these, four were permanent facili- 
ties and two were partly portable."^ The entire increase in Oakland's 
Negro elementary enrollment over recent years has been absorbed in 
schools that are now 90 percent to 100 percent Negro .^-'' 

In Milwaukee, Wis., additional school space for Negro children in the 
predominantly Negro central area almost invariably has been provided 
through additions to existing schools.^-' The efTect has been to confine 
Negro school children to schools in Negro neighborhoods. The schools 
serving the central area are densely concentrated. The situation was 
well summarized in a report of the city school administration : 

It is evident that elementary schools must be located closer to- 
gether in an area of high pupil population concentration. In the 
central [Negro] area, 25 schools serve districts totaling about seven 
square miles; this averages about three and one-half schools per 
square mile. In the remainder of the city, 92 schools serve 88.75 
square miles of this area ; this averages a little more than one school 
per square mile.^-- 

One Milwaukee school official has stated that had the board of educa- 
tion considered greater racial desegregation desirable, boundary changes 
could have been made that would have enabled thousands of Negro and 
white children to attend school with each other, without conflicting with 
the school board's policy of neighborhood school attendance. ^"^ 

Exceptions to Neighborhood Attendance 

As pointed out earlier, neighborhood attendance zones are not always 
applied with rigid consistency, but vary from time to time and from place 
to place. Sometimes neighborhood attendance Is subordinated to other 

"'M at 20, Table 12; 28. The number of portable units at cast Oakland ele- 
mentary schools increased from 74 to 129 in the period 1955-65. By 1965 there 
were twice as many portables in east Oakland as there were in any other section 
of the city. {Id. at 47, Table 19.) 

""Mat 53, Table 20. 

^-"" See A pp. A, Table 3. 

^^ Milwaukee Public Schools, Report of School District Changes in Central Area 
of Milwaukee, 1943-1953-1963 85 (1964) (additions to schools); Milwaukee 
Public Schools, Report on Visual Count of White and Nonwhite Pupils by Schools, 
Apr. 11, 1966 (racial composition of schools). Of the 44 new schools constructed 
between 1950 and 1965, only 2 were in areas where Negro enrollment was over 50 
percent. (Milwaukee Public Schools, Fifteen Fine Years of School Construction 
Progress, 1950—1965. See also Visual Count and Report of School District Changes, 
supra.) 

^^ Milwaukee Public Schools, Report of School District Changes in Central Area 
of Milwaukee, 1943-1953-1963, 83 (1964) . 

"' Interview with Arthur H. Kastner, director of the Department of School Housing 
Research, Milwaukee Public Schools, September 1966. 

51 



educational goals. In most cities, for example, handicapped children 
or academically talented students do not attend their neighborhood 
school.^"' There are other departures from neighborhood attendance 
policy that potentially can either reduce or reinforce racial separation in 
schools. Chief among these are optional zones, transfer plans, and 
transportation. 

Optional Zones. — An optional zone is a limited area established within 
a wider school attendance area. Students living in an optional zone are 
permitted a choice between the school located in their attendance area 
and a school in a nearby attendance area. Examples of the use of op- 
tional zones in Cleveland and San Francisco illustrate the way this prac- 
tice often perpetuates racial separation in the schools. 

In 1 95 1 , Cleveland school authorities created an optional zone within 
the attendance area of the Washington Irving Elementary School, a 
98 percent Negro school. ^"^ The optional zone was a white residential 
enclave in the otherwise Negro area.^-*"' It gave the white children, who 
otherwise would have been assigned to Washington Irving, the option of 
attending the nearby Woodland School, which was 96 percent white. 

Both the Woodland and the Washington Irving Elementary School 
attendance zones had been included in the attendance zone of Rawlings 
Junior High School, which had become majority-Negro. The school 
authorities again created an optional zone consisting of the entire (nearly 
all-white) Woodland district and the white enclave in the Washington 
Irving district. Here, too, the optional zone enabled white children to 
choose between the majority-Negro junior high school to which they 
otherwise would have been assigned and a nearby junior high school — 
Audubon — which was 85 percent white.^"^ 

In San Francisco an optional zone existed during the late 1940's and 
1950's within the areas served by the majority-white Geary Elementary 



^"' Massachusetts State Board of Education, Because It Is Right — Educationally, 
(report of the Advisory Committee on Racial Imbalance and Education) 5 (April 
1965) ; U.S. Commission on Civil Rights, Staff Report on Issues Related to Racial 
Imbalance in the Public Schools of Rochester and Syracuse, New York, 6 (1966) 
(Rochester) ; U.S. Commission on Civil Rights, "Staff Report on Education," Cleve- 
land Hearing 750. 

'"" Official school district boundary cards, Cleveland Public Schools. Racial com- 
position of Cleveland Public Schools in Commission files. The small area between 
the Washington Irving and Woodland Elementary Districts was made optional on 
Apr. 17, 1952, effective Sept. 1, 1952. 

'"'The area in question was in census tract N-4 and had 271 white households 
and 15 nonwhite households. U.S. Bureau of Census, U.S. Census of Housing, 1950, 
vol. 5, part 38 at 42. 

'"' Official school district boundary cards, supra, note 125. Racial composition of 
Cleveland public schools in Commission files. The optional zone was created in 
January 1952. 

52 



School and the majority-Negro Emerson School.'-" In 1950, the zone 
was predominantly white.'-" As Illustration 3 shows, by 1960, however, 
the great majority of the zone's residents were Negroes."" By then, the 
principal effect of the zone was to enable Negro children to attend the 
majority- white Geary School. The option was removed in 1961, and 
the zone included in the attendance area of the majority-Negro Emerson 



Illustration 3. Geary-Emerson Optional Zone, San Francisco 



1950 



D GEARY 



-T-ry-rTT-TTT-TT'. 

EMERSON ;;> 




1961 



□ GEARY 



EMERSON Z 




r— I 



L_.i 



I "=■ OPTfONAL ZONE 



_^ — INDICATES WHICH SCHOOL CHILDREN IN THIS 
AREA COULD ATTEND 



I | - PREDOMINANTLY WHITE NEIGHBORHOOD 

Y///A =- PREDOMINANTLY NEGRO NEIGHBORHOOD 



'"' Memorandum to Frederick Cioffi, USOE, from Tennessee Kent, Assistant Super- 
intendent of elementary schools, Jan. 7, 1966, and accompanying maps. Telephone 
interview with Dr. William Cobb, Assistant Superintendent, Nov. 4, 1966. 

'""U.S. Bureau of Census, U.S. Census of Housing, 1950, vol. V, part 172. 

""U.S. Bureau of Census, U.S. Census of Housing, 1960, HC(3) (No. 67). 



243-637 O - 67 - 5 



53 



School even though Emerson opened that year slightly over capacity, 
while Geary (still majority-white) opened shghtly under capacity."^ 

Reports from other cities — among them Springfield, Mass. ; Philadel- 
phia, Pa. ; Indianapolis, Ind. ; and Buffalo, N.Y. — indicate similar prac- 
tices with similar consequences.^^" 

Transfers. — School systems use various means to relieve overcrowding. 
The provision of additional school space, whether through construction of 
new schools or additions to existing schools, is one common method. As 
shown above, this often has the effect of intensifying or perpetuating 
school segregation. Another method used is that of transfer plans. 
Generally under these plans, students are permitted to attend any school 
in which there is available space, without regard to geographical zones. 
Restrictions may be imposed so that students may transfer only from 
schools that are overcrowded and only to schools that are underutilized. 
Theoretically these plans can serve to reduce racial concentrations by 
permitting children to transfer from racially isolated schools. In prac- 
tice they seldom have this effect. 

^^ SFUSD, Building Utilization — San Francisco Elementary Schools (capacity and 
enrollment data for 1959-65). Emerson was at 102 percent of capacity while Geary 
was at 91 percent of capacity. Interview with Mr. and Mrs. Poole, et al., op. cit. supra 
note 105 (racial composition of Emerson) ; in'"ormation obtained from Dr. William 
Cobb, Assistant Superintendent, Dec. 1, 1966 (racial composition of Emerson) ; in- 
formation obtained from Dr. William Cobb, Assistant Superintendent, Dec. 1, 1966 
(racial composition of Geary) ; memo from Tennessee Kent, Assistant Superintendent 
of Elementary Schools, to Frederick Cioffi, USOE, Jan. 7, 1966 (abolition of option). 

^^ The optional areas in Springfield, Mass., were abolished in 1965. (Springfield 
Public Schools, Revised Springfield Plan for the Promotion of Racial Balance and 
the Correction of Existing Racial Imbalance in the Public Schools, 3 (Apr. 1, 
1966, eflFective Sept. 1, 1966). These optional areas existed mainly in white 
neighborhoods and afforded those children a choice of schools, while no such options 
existed for children living in Negro neighborhoods. (Springfield Public Schools, 
"Map of Optional Areas, 1963-64 School District Boundaries and 1966-67 School 
District Boundaries"; plaintiff's exhibit No. 22; plaintiff's exhibit No. 4, which 
records the names, addresses, grades, and race of children living in optional zones 
and the schools they attend for the 1963-64 school year, Barksdale v. Springfield 
School Committee, 237 F. Supp. 43 (D. Mass. 1965).) 

In Philadelphia, the eastern portion of the 94 percent Negro Pennell School District 
contained an optional zone in 1961. Sixty-eight white children living in that optional 
zone were able to attend the Howe School rather than the Pennell School (U.S. 
Commission on Civil Rights, Civil Rights U.S.A., North and West, 1962, Public 
Schools, 135, 136). 

Prior to October 1964 there were 11 optional zones in high school districts in 
Indianapolis, Ind. Four such zones in all-Negro or predominantly Negro districts per- 
mitted students to choose the Crispus Attucks High School built as a Negro school 
in 1927, during the days of de jure segregation [Williams and Ryan, Schools in 
Transition, 50 (1954)] even though these four districts were within the Technical 
High School district (31 percent Negro). Racial enrollment data provided by In- 
dianapolis public school system. (See Gonis, An Analysis of Desegregation Trends 
in the Indianapolis Public Schools, 44, an unpublished master's thesis in the Butler 
University Library, Aug. 19, 1965.) 

For a discussion of optional areas in Buffalo, N.Y., see U.S. Commission on Civil 
Rights, Civil Rights U.S.A., Public Schools, Cities in the North and West, 1963, 
Buffalo, 23-27. The report concludes that: "It seems possible that the elimination 
of these optional areas and an adjustment of boundary lines, if necessary to avoid 
overcrowding, might relieve the racial imbalance in these schools." (Id. at 27.) 

54 



In some cases, however, where there is substantial overcrowding in 
majority-Negro schools, a liberal transfer plan could relieve overcrowding 
and segregation. The Chicago school system was presented with this 
dual opportunity in 1960. At that time 33,000 students were attending 
double-shift classes in overcrowded schools, nearly all of which were in 
Negro areas."^ At the same time, a number of white schools were 
underutilized. ^^^ By encouraging transfers from the overcrowded 
(Negro) schools to the underutilized (white) schools, the school system 
might have contributed substantially to relieving both o\'ercrowding and 
school segregation. The limited transfer plan put into effect by the 
Chicago school administration, however, could not accomplish either 
objective. 

Prior to 1955, the Chicago school system had permitted transfers. 
After 1955, its official policy became one of prohibiting transfers from 
neighborhood schools.^^^ In late 1961, however, the school adminis- 
tration relaxed its prohibitions. Students in overcrowded schools ( largely 
Negro) where the average class size was more than 40 could receive 
temporary permits to transfer, at their own expense, to non-crowded 
schools (largely white) where the average class size was less than 30.^^" 

The plan was incapable of facilitating any substantial number of 
transfers. First, transfers from Negro to white areas were inhibited 
by the cost of transportation. Second, the transfer permits were tempo- 
rary and could be revoked if the average class size of the sending school 
fell to 40. The transfer policy had the effect of affirming different 
standards of permissible class size in Negro and white schools."' 



'"•-'U.S. Commission on Civil Rights, Civil Rights U.S.A. Public Schools, North 
and West, 1962, 223. 

'^*7</. 202-03. The report states: "Whether or not large numbers of vacant 
rooms existed, it has remained reasonably clear throughout the controversy (i.e., 
over the number of vacant classrooms) that, viewed in terms of relative crowding 
of facilities, the white schools did have space. This appears clearly from the utiliza- 
tion of over 2,000 spaces in white elementary schools for high school branches. . . . 
It appears also from the redistricting plan . . . the object of which was to achieve 
an average of 30 students per class in 80 schools, primarily white. A later section 
of this report will suggest that the average class size in the Negro schools was sig- 
nificantly greater than the proposed 30 average. This disparity in class size between 
Negro and white students has never been denied by the superintendent. Indeed, its 
alleviation has been one of the avowed objectives of his building program in the 
impacted areas." 

"■' Statement to the Board of Education by Benjamin C. Willis, Proceedings of 
the Board of Education of the City of Chicago, 284, Aug. 22, 1962. 

'^ Report to the Board of Education by Benjamin C. Willis, Proceedings of the 
Board of Education of the City of Chicago, 925, Dec. 27, 1961. 

"' Ibid. The transfer policy was soon obsolete because new buildings and mobile 
classrooms were used to relieve overcrowding. Between 1951 and 1962 over 200 new 
schools or additions representing a total of 3,498 classrooms were constructed. Most 
of this building was in Negro areas of the Loop, in the Negro ghettos to the south 
and west of the Loop, and in the extreme northern portions of the city. (U.S. 

Footnote continued on following page. 

55 



Transportation. — City school systems often have bused students to re- 
lieve overcrowding. Busing has greater potential than individual trans- 
fers for enhancing or reducing racial concentrations. 

In Cincinnati, the practice has had the effect of heightening racial 
separation. While new schools were being built in response to increases 
in enrollment, busing was used for relief of overcrowding. In the three 
school years between 1955 and 1958, approximately 750 Negro children, 
largely from a public housing project in a predominantly white school 
district, were transported 5^2 miles across Cincinnati to a 98 percent 
Negro school in a Negro neighborhood. ^^^ The ostensible reason for 
moving them was the overcrowded conditions in the regular attendance 
districts of the Negro students. There were, however, closer majority- 
white schools with available space. ^^^ 

The official explanation for the busing was that it preserved the neigh- 
borhood school concept: 

. . . [T]he neighborhood — the concept of relationship of having 
children attend the school that is in the immediate proximity of 
the school, those closest to it [sic]. Now in this particular case all 
we did different from that is we picked them up and moved them 
some place else for a school, but in terms of parents we also tried 
to get the parents to maintain this relationship rather than dividing 
them up, into five different places and splitting them in five differ- 
ent spots. That's the only difference.^*" 

In this case, the neighborhood school concept involved keeping all 
children from the same neighborhood together, regardless of where they 
attended school. 

In Milwaukee, the school system had bused white children for many 
years, picking them up near their homes, returning them at the end of the 
day, and almost invariably integrating them into classes at the receiving 
school. ^*^ The practice changed in 1957 when the school system began 



Commission on Civil Rights, op. cit. supra, note 133, at 189-90. See also Chicago 
Public Schools, Ten Years of Growing, 1953-63, Annual Report of the General 
Superintendent (1964); Benjamin C. Willis, "Reoort on Mobile Classrooms," Dec. 
31, 1961; "Report to the Board of Education," Dec. 27, 1961, op. cit. supra, note 
136, at 3, states: "Our building program, together with the rental of facilities for 
kindergarten children and the use of mobile classrooms in double shift areas will 
elimin^f: double shi*"t by the end of this school year." 

^^ Stipulation 34, pp. 26-31 ; joint exhibit 8, 117, 118, Deal v. Cincinnati Board of 
Education, supra, note 98. 

""Brief for appellee, p. 16, Deal v. Cincinnati Board of Education, supra, note 98; 
stipulation 34, at 28-30. 

^"' Testimony of the former superintendent of schools, record, 1 79, Deal v. Cincin- 
nati Board of Education, supra, note 98. 

"^ Social Development Corp., Milwaukee Race and Education Study, prepared 
for the U.S. Commission on Civil Rights (1966) (hereinafter cited as Milwaukee 
Study). "Intcrschool Busing History — Milwaukee Public Schools — 1949-66" 
(taken from the minutes of the Board of Education meetings, 1949-66, pt. IV F). 
Milwaukee Journal, Sept. 17, 1951, p. 15. In describing the bus trip of the first group 

Footnote continued on following page. 

56 



busing Negro children to predominantly white schools. The Negro 
children were kept in separate classrooms at the receiving schools. They 
also were returned home for lunch even when the receiving schools had 
lunchroom facilities.^" In one instance, a number of Negro children 
lived closer to their white receiving school than to the Negro sending 
school where they were enrolled officially. They were nonetheless re- 
quired to walk to the sending school to board the bus.^" If the boundary 
had been changed, these children could have been enrolled officially in 
the school to which they were bused as a group and then could have 
walked to their neighborhood school. 

The practice of keeping separate the Negro children who are bused 
has continued in Milwaukee but now Negro pupils are permitted to re- 
main at the receiving schools for lunch. ^** After proposals were made 
to integrate the bused children fully into the receiving schools on an ex- 
perimental basis, the board declared busing to be educationally unde- 
sirable and discontinued busing children from two majority-Negro 
schools. ^*^ 

In Cleveland, the school board's policy on busing developed against a 
background of conflicting community protest. As a result of rapidly 
increasing Negro enrollment, both double-session classes in Negro 
schools and an extensive school construction program were begun in the 
late 1950's. While awaiting the completion of new school buildings, 

of children transported in 1951 (all white) the newspaper stated: "The children who 
had taken the long bus ride were well mixed in with children from the Auer Avenue 
neighborhood. They were separated ... at lunch time when the bus riding pupils 
ate hot lunches in the school cafeteria and at 3:30 p.m., when the buses came to take 
them home." White children rem.ained for lunch at the receiving school when there 
were facilities. 

'" Milwaukee Study at 5, sec. V.B. 

"'/^. at 10, sec. V.B. 

"* The first instance of lunch for Negro students at the receiving school was in 1964. 
See Milwaukee Sentinel, Jan. 31, 1964, pt. 1, p. 3; Milwaukee Study at 10, IV F. 

"^ Report of Superintendent of Schools to Special Committee on Equality of Edu- 
cational Opportunity, May 20, 1966, and Memorandum on the Meinecke Avenue 
School, Milwaukee Public Schools, Office of the Superintendent, August 11, 1966. In 
order to eliminate busing altogether from two Negro schools, the Brown Street School 
and the Lloyd Street School, the Board leased an unused Lutheran school (Meinecke) 
in the area, which would accommodate the 290 students. Milwaukee Sentinel, July 
29, 1966, pt. I, p. See also Memorandum on the Meinecke Avenue School, supra. 
Meinecke became a 99 percent Negro school. There was available space at the time 
in the 84 elementary schools which were 90 percent or more white. Memorandum 
on Meinecke Avenue School, supra (creation of the school) ; Milwaukee Public 
Schools, Distribution of Elementary Schools, Pupils, and Staff by Proportion of 
Negro Pupils in Milwaukee, 1965-66 (racial composition of schools). In these 
schools the average percent of capacity was 73.7. Milwaukee Study, Table IX, 
"Relationship of Mean Capacities and Enrollments in Elementary Schools to Percent 
of Nonwhite Students, and the Percent of Mean Enrollment of Mean Capacity, 1965." 
Several citizen and parent groups rented a bus, and, under the Board of Education's 
free transfer plan, began to transport over 100 students from over-utilized schools to 9 
schools in outlying districts. Since this busing is not done under the auspices of the 
school system, the children are integrated at the receiving schools. Milwaukee 
Journal, Sept. 28, 1966, p. 24 . 

57 



nearly 2,000 Negro elementary school children from six majority-Negro 
schools were bused to four underutilized schools, three of which were 
nearly all-white and the fourth desegregated.^^" During the 1962-63 
school year, the Negro children bused to these underutilized schools were 
kept in separate classes. 

In September 1963, after local civil rights groups protested against 
keeping the bused children separate, the school board pledged fullest 
possible incorporation of transportation pupils into the receiving schools 
consistent with sound educational practice, but left the timetable for 
implementation up to the school administration."' The school board's 
proposal to desegregate the bused children was opposed vigorously at 
a meeting with school officials called by the PTA at one of the white 
receiving schools. ""* The 1963-64 school year began with the bused 
children still being kept separate from the schoolchildren in the receiving 
schools. In February 1964, after picketing by civil rights groups, the 
school board adopted a resolution to desegregate the classes by September, 
but the children were no longer to be sent to white schools."^ Rather, 
they would be sent to nearby Negro schools. After further protest by 
civil rights groups, a compromise agreement was reached calling for 
the immediate desegregation of the bused classes. At the same time, the 
school board announced that it would terminate the busing as soon as 
possible, announcing a speedup in the construction of three new schools 
designed to absorb the bused Negro children. On March 9, 1964, the 
bused classes were desegregated without incident.^^" 

The potential of busing for reducing racial concentration in schools 
was not realized in the cities discussed above. When faced with the 
necessity of transporting Negro children from overcrowded schools, these 

'*" See Cleveland Board of Education, Annual School Housing and Building Pro- 
gram Reports, 1961-62, 1962-63. 

^" Regular meeting of the Cleveland Board of Education, Sept. 30, 1963, "Brief for 
Appellant", App. pp. 247a, 248a, Craggett v. Board of Education (Cleveland), 234 
F. Supp. 381 (N.D. Ohio, 1964). 

'*^ Cleveland Plain Dealer, Oct. 16, 1963, p. 7. 

"' Western Reserve University, Racial Isolation in Cleveland Public Schools, a 
study prepared for the U.S. Commission on Civil Rights, part II, p. 44 (picketing) 
(hereinafter cited as Cleveland Study). Resolution No. 30576, Board of Educa- 
tion, adopted Feb. 10, 1964. Cleveland Study, 48a, 48b, and 48c. 

^^ In its haste to complete the new school buildings and to end the transportation 
of the Negro children, the board rescinded the contracts with the architects for two of 
the new schools and used instead the drawings and specifications of the board's own 
architects which previously had been approved by the board. Craggett v. Board of 
Education, supra, note 147, at 384. 

Further, when the first of the new schools was ready for occupancy, the attendance 
boundaries were drawn to include the bused children even though the school itself 
was not initially located within its own boundaries. Id. Reply Brief and Appendix of 
Plaintiff's at 14a-15a; excerpt from vol. Ill of the deposition of Theodore Hartman, 
chief of the Bureau of Housing, Equipment, and Supplies, Cleveland School System. 
The board nonetheless insisted that its actions represented a return to the neighbor- 
hood school policy. "The evidence clearly shows the board felt neighborhood schools 
were more desirable than transported classes." Craggett v. Board of Education, supra, 
note 147, at 387. 

58 



school systems chose either to bus the children to other Negro schools or 
to keep them separate from the children at white receiving schools. In 
one of the cities, the Negro children were integrated into the white re- 
ceiving schools but only after community protest. Further, the busing 
was only a temporary measure. The solution chosen to meet the problem 
of overcrowding in majority Negro schools was the construction of addi- 
tional schools in Negro neighborhoods. 

♦ * * 

The system of geographic school attendance, imposed upon segregated 
housing patterns, provides the broad base for racial isolation in Northern 
schools. In earlier years, city school attendance areas encompassed con- 
siderably more territory and a more heterogeneous population. In recent 
decades, as geographical attendance areas have become smaller and 
residential segregation has intensified, city schools have become more 
socially and racially homogeneous. At the same time, the concept of 
neighborhood has been changing. Greater population mobility and 
significant changes in the pattern of urban life generally have tended to 
diffuse traditional neighborhood patterns. In city school systems, on the 
other hand, children attend schools closer to their homes than in the past. 
Today, geographical school zoning in itself is the basis for persistently 
high levels of school segregation. 

School segregation has been compounded by other school policies and 
practices. Purposeful school segregation, apparently a legacy of an era 
when laws and policies in a number of places in the North expressly au- 
thorized segregation by race, has been found in recent years in a few 
Northern cities. Apparently neutral decisions of school officials often 
have a similar effect. Decisions on school sites, size of school, attendance 
areas, and methods of relieving overcrowded schools offer school officials 
wide latitude for maintaining or reducing racial isolation in the schools. 
In many Northern and Western school systems the effect of these de- 
cisions has been to perpetuate, rather than reduce, separation in the 
schools. 

Southern and Border State Schools 

School segregation in the Southern and border States was sanctioned 
by law until the 1954 Brown decision. As the elements of legal compul- 
sion have been removed, the causes of racial isolation in Southern and 
border city schools have become more complex. Today it is attributable 
to remnants of the dual school system, methods of student assignment, 
residential segregation, and to those discretionary decisions familiar in 
the North — site selection, school construction, transfers, and the deter- 
mination of where to place students in the event of overcrowding. 

59 



Geographical Considerations 

Residential Segregation. — After the Brown decision, two main ap- 
proaches to school desegregation were taken in Southern and border 
cities. The first was to convert the dual attendance zones, drawn accord- 
ing to race and sometimes overlapping, into single attendance zones 
without regard to race. Ostensibly, student assignment would then de- 
pend only on proximity and convenience. The second was to allow 
students some freedom of choice in their assignment. Common to the 
many variations of the free choice approach is the principle that if more 
students choose a given school than it can accommodate, first priority 
will be given those students living in the school's immediate area. 

In all approaches to desegregation in Southern and border cities, then, 
residence is an important factor in determining school attendance. Since 
residential segregation generally is as intense in Southern and border 
cities as in Northern cities,^^^ the racial composition of Southern and 
border city schools substantially reflects the pattern of residential 
segregation. 

St. Louis is a case in point. There, the school administrators volun- 
tarily complied with the Brown decision in 1954 by converting from dual 
to single attendance school zones over a two-year period. ^^^ The new at- 
tendance zones were established after carefully counting public school 
children on a block-by-block basis without regard to race.^" Residential 
segregation was extensive, however,"^ and relatively few boundary 
changes were made in converting from dual to single attendance zones.^^^ 
Most of the all-Negro school remained unchanged. ^^° By 1965, 91 per- 



^^ See Taeuber and Taeuber, supra, note 49, 37. The mean residential segregation 
index for Southern cities is 90.9 for 1960, compared to 83.0 for cities of the North and 
West. The index for Cleveland is 91.3; for Nashville, 91.7. The index for Gary is 
92.8; for Memphis, 92.0; the index for Tulsa is 86.3; for Buffalo, 86.5 Id. at 39-40. 

'^' St. Louis Study 35 (1966). 

'"'Valien, The St. Louis Story, A Study of Desegregation, 27-28 (1956); St. 
Louis Study at 6. 

^^ In 1960, the index of residential segregation in St. Louis was 90.5. Taeuber and 
Taeuber, supra, note 49, at 33. 

^ According to a statement by the Superintendent of Schools, Dr. Philip G. Hickey, 
quoted on Sept. 4, 1955, in the St. Louis Post Dispatch, 62 out of 119 elementary 
school boundaries were changed in the conversion from a dual to a geographical zon- 
ing plan. An examination of the elementary school boundary lines in 1954-55, before 
desegregation, and in 1955-56, after redistricting, shows that there were very few 
changes in the formerly "white" districts. The "Negro" districts which reached out to 
cover the few Negroes living in the south and southeast were cut back to the Negro 
area. St. Louis Study, based on boundaries specified in the minutes of the Board of 
Education of St. Louis, 1954-55 and 1955-56. 

'^ For high schools, see Valien, supra, note 153, at 38. The St. Louis Public School 
Department estimated in S°ptember, 1956, that 37 formerly all-white elementary 
schools would have Negro children in attendance and 13 formerly all-Negro elementary 
schools would have white pupils on their rolls. Thus, 73 of the 123 elementary 
schools would not be affected at all. See St. Louis Public Schools, Desegregation of 
St. Louis Public Schools, 45-47 ( 1956) . 

60 



cent of the Negro elementary school children attended schools that were 
nearly all-Negro.^"" 

Again in Memphis the new single attendance zones developed by the 
school board resulted in less than 1 percent of the student body attend- 
ing school with children of the opposite race. In a suit brought against 
the school system, it was charged that school boundaries had been gerry- 
mandered to perpetuate segregation. ^^^ An expert witness for the Negro 
plaintiffs showed how the boundaries could be redrawn based purely on 
nonracial considerations. Under this system of neutral boundaries, ap- 
proximately 1,300 more children would have attended schools formerly 
serving the opposite race. Yet this still would have amounted to only 
slightly more than 1 percent of the total school enrollment. ^^^ Thus 
even if neutral boundaries had been drawn for Memphis, the extent 
of school desegregation would have been minimal because of the severe 
residential segregation in the city. 

Residential patterns, however, important as they are, do not invari- 
ably determine the racial composition of Southern and border city 
schools. Under any system of student assignment in which place of 
residence plays an important role, school boards and administrators 
have discretionary powers that can intensify or reduce segregation. 
Their decisions often have served to reinforce and perpetuate racial 
isolation. 

Site Selection. — As noted in the discussion of Northern schools, the 
location of new schools has a marked effect on patterns of isolation. 
Whether a school system uses geographical zoning, free choice, or a varia- 
tion on these methods of assignment, a key determinant of the student 
racial composition is the location of the school. 

At the time of the Brown decision, Southern educators were aware 
that the location of schools was an important factor in maintaining 
segregated school attendance patterns.^'"" A story in a Memphis, Tenn., 
newspaper on May 18, 1954, is illustrative : 

Ruling Fails To Shock City: Officials Sec Little Difficulty 

School authorities in Memphis yesterday evidenced no surprise 
at the [Brown] decision. . . . Mr. Milton Bowers, Sr., President 



'^^'' St. Louis Study, at P-1 and P-2. "Racial Distribution of Pupils, St. Louis 
Elementary and Secondary Schools," based on St. Louis Public Schools Instruction 
Department, The Status of Integration in the St. Louis Public Schools During the 
1965-66 School Year; A Factual Report to the Board of Education, November, 1965, 
and also the first supplement to that report dated October 1966. 

'=' See Northcross v. Board of Education (Memphis), 333 F. 2d 661 (6th Cir. 1964). 

"" Testimony of Floyd L. Bass, transcript, vol. Ill, pp. 427, 462, and E. C. Stimbert, 
Superintendent of Schools, transcript, vol. II, p. 236, Northcross v. Board of Educa- 
tion (Memphis), supra, note 158. The total school enrollment was 105,637. 

^"' See Southern School News, January 1955, p. 3. The Chairman of the State 

Footnote continued on following page. 

61 



of the Memphis Board of Education, said, "We have been expect- 
ing this to happen a long while. . . . We believe our Negroes 
will continue using their own school facilities since most of them 
are located in the center of Negro population areas. . . . [Negro 
schools are] fully equal to and in some instances better [than white 
schools]. We are very optimistic about this [ruling]." ^^'^ 

Throughout the 1950's, Southern cities made considerable investments 
in new school facilities. In Houston, almost every school constructed 
after 1955 was located in racially homogeneous residential areas. Of the 
56 Negro schools in Houston in 1965, for example, 49 were newly built 
or enlarged in Negro residential areas after 1955."" One Negro enclave, 
entirely surrounded by white residential areas, had only five elementary 
schools in 1955. Instead of enlarging the capacity of schools ringing 
the Negro area to serve both Negro and white children, the system ac- 
commodated the growing Negro enrollment within the Negro area. By 
1965, the five Negro elementary schools had been enlarged and three 
more elementary schools had been built within the Negro area. They 
remained all-Negro. Five of the seven white schools outside the Negro 
area were nearly all-white in 1965."^ More school construction is 



Board of Education of Arkansas is quoted : "The only hope the schools have of main- 
taining segregation ... (is to make Negro schools so attractive that) the Negroes 
will not demand integration. . . . However, if the districts build adequate facilities 
now, in most instances the new buildings will be located in Negro districts." See also 
Miss. Code Ann., tit. 24, sees. 6216-01 to 6672 (Supp. 1962) calling for equalizing 
Negro schools and reorganization of school systems throughout the State. The intent 
of the equalization program reportedly was to prevent desegregation. Aside from 
building new Negro schools, the program called for "relocation of many white schools 
according to student residences." Southern School News, February 1957, 13. See 
also, Atlanta Constitution, May 19, 1954, p. 6: "Reports from over the South indicated 
some areas may try to escape the impact of the antisegregation decree by 'zoning' 
schools in natural population patterns. . . ." See also Pierce et al.. White and Negro 
Schools in the South at 297 (1955), where it was predicted that Southern schools 
would use districting powers to perpetuate segregation. 

"* Memphis Commercial Appeal, May 18, 1954, p. 1. 

^"^ Defendant's exhibit No. 3 and plaintiff's exhibit No. 2, Broussard v. Houston 
Independent School District, C.A. 66-H-445, S.D. Tex., June 7, 1966. See also 
U.S. Commission on Civil Rights, Civil Rights, U.S.A., Public Schools, Southern 
States 1963, Texas, 35-38. The Board first considered desegregation in 1955 and 
made it clear that it was postponing action until schools could be built to minimize 
the impact: "If the bond issue is submitted and approved by the voters and a con- 
struction program is carried out so as to give every section of the city reasonably 
equal and adequate school facilities and a liberal policy of transfer is continued so that 
no Negro student will be compelled to attend against his will a school predominantly 
white in student body and teaching staff, and no white child will be compelled against 
his will to attend a school predominantly Negro in student body and teaching staff, 
it is our opinion that such a course will be approved by the overwhelming majority 
of our peoole, both white and Negro, and our problems with reference to desegre- 
gation will largely be resolved." Id. at 37-38. 

^^ Plaintiff's exhibit No. 2 and defendant's exhibit No. 3, Broussard v. Houston 
Independent School District, supra note 162. The new Negro schools were, Black- 
shear (which also received an addition), 100 percent Negro in 1965, and Lockhart, 
100 percent Negro in 1965. Negro schools receiving additions only were: Dodson 

Footnote continued on following page. 

62 



planned under a 1965 bond issue, and the Houston school superintendent 
has identified 16 of the 50 new projects as "for predominantly Negro 
schools." ''' 

The pattern is similar in Atlanta. Since 1954, classroom space has 
for the most part been added in areas of high Negro concentration and 
schools have been constructed for white children in areas where few 
Negroes lived. Four high schools which opened in 1960, for example, 
were located almost at the city limits in virtually all-white areas. ^'''' Dur- 
ing the current school year, two of the schools are 96 percent white; the 
other two are 1 00 percent white. ^'""^ Atlanta's proposed 1 966 school build- 
ing program continues to emphasize construction in racially homogeneous 
residential areas. Three new elementary schools, two high schools, and 
additions to an elementary and two high schools are planned for Negro 
residential areas. There also are plans to purchase additional land for the 
expansion of one of the white high schools on the fringe of the city."' 

This pattern is common throughout the South. As Table 10 shows, 
the great majority of Southern and border State elementary schools built 



(2 additions), Douglass (1 addition), J. W. Jones (1 addition), Dunbar (1 addition) 
and Turner (1 addition) — all 100 percent Negro in 1965. One new white school. 
Rusk (newly constructed in 1960), was 99 percent white in 1965. Montrose, Fannin, 
Lubbock, and Lantrip, existing white schools ringing the ghetto, were 99-100 percent 
white in 1965. Two other formerly all-white schools outside the ghetto, MacGregor 
and Southland, were 58 percent Negro and 32 percent Negro in 1965. 

"' Testimony of Dr. Glenn Fletcher, Acting Superintendent, Record, vol. II, p. 256, 
Broussard v. Houston Independent School District, C.A. supra note 162. Plaintiffs 
in this case (still in progress at this writing) are seeking to enjoin the system from 
constructing further schools in segregated residential areas. Brief for plaintiff, pp. 
9-10, Broussard v. Houston Independent School District. Defendants base their argu- 
ment on the educational desirability of neighborhood schools and the absence of legal 
requirement to take positive steps to achieve racial balance in the schools. Record, 
vol. V, p. 1173, Broussard v. Houston Independent School District. The pattern of 
placing new schools in racially homogeneous areas is maintained in the school system's 
plans for a building program to meet the anticipated growth in enrollment by 1970. 

'"■' For the racial composition of each new school facility constructed since 1954, see 
Clark College, Race and Education in Atlanta, a study prepared for the U.S. Com- 
mission on Civil Rights [hereinafter cited as Atlanta Study] 100-109. The four 
white high schools referred to in the text are Therrell, Dykes, East Atlanta, and 
George. {Id. at 29.) For a map of Negro residential areas in Atlanta, see Atlanta 
Study, overlays based on Atlanta Region Metropolitan Planning Commission, "Popu- 
lation and Housing" ( 1965) . 

"^' Information concerning the racial composition of Atlanta public schools as of 
September 1966 was obtained by the Commission staff from John W. Haldeman of 
the office of the Superintendent of Schools of Atlanta, by telephone interview on 
Nov. 4, 1966. 

'^"^ Atlanta Study at 98. See also the Atlanta school board's Proposed 1966 
Building Program, map, and list of proposed construction projects, distributed by the 
school board during the campaign for the 1966-67 bond issue. 

63 



or enlarged since 1950 are nearly all-white or nearly all-Negro/''^ In San 
Antonio, six of the city's seven nearly all-Negro elementary schools were 
built or enlarged since 1950; in Houston, 42 of the city's 44 Negro ele- 
mentary schools were built or enlarged since 1950. 



Table 10. — Elementary school construction in 11 Southern cities, 1960-65 



(a) 
City 


(b) 

Number schools 

newly built or 

enlarged by 

addition 


(c) 

Number opened 
90-100 percent 

white and were 
90-100 percent 
white in 1965 


(d) 

Number opened 
90-100 percent 

Negro and were 
90-100 percent 
Negro in 1965 


(e) 

Percent total 

Negro enrollment 

in 1965 attending 

schools listed in 

column (d) 


Nashville 

Tulsa 

San Antonio. _ _ 


46 

50 

57 

20 

9 

19 

106 

133 

74 

63 

31 


36 
41 
43 
7 
3 
13 
79 
87 
13 
25 
12 


9 

6 

6 

12 

2 

5 

11 

42 

35 

34 

6 


58.7 
54.7 
59. 


Richmond 

Lexington, Ky 

Knoxville 

Dallas 

Houston 

Baltimore 

Atlanta 

Kansas City, Mo 


58.8 
49.7 
68.8 
44. 3 
91. 5 
42. 3 
70. 3 
25.6 



Not only did most of these schools open almost totally segregated but 
they remained so in 1965. In Richmond, this was true for all but one of 
the new elementary schools constructed or enlarged since 1950. In At- 
lanta, it was true for all but four schools. In Nashville, 59 percent of 
the total Negro elementarv' enrollment attended schools that were almost 
entirely Negro at the time of construction and remained so in 1965. In 
Knoxville, the figure was 69 percent and in Houston 92 percent. 

School Size. — In addition to the selection of sites for new schools, 
decisions on school size are important. The size of a school determines 
the number of children who may attend, whether or not the school 
assigns students strictly on the basis of geographic zoning. Although a 
school may be located where it is possible to draw a racially mixed stu- 
dent body, its size may so Umit the area it can serve that it will be 
segregated. A school in a Negro enclave surrounded by whites, for 
instance, could be constructed large enough to accommodate both the 
Negro and white children, or so small that it could serve only the Negro 
children in the enclave. 



^^ All school construction and enrollment data from official school documents for 
each system listed in the table. In St. Louis, of the 45 elementary schools built since 
1954 or enlarged by addition since 1961, 4 were 10 to 90 percent Negro in 1965. 
Four are known to have opened less than 10 percent Negro and to have remained so, 
and 21 opened more than 90 percent Negro and remained so. Forty percent of the 
1965 Negro elementary enrollment attended these 21 schools. The racial composition 
of 15 of the 45 schools at the time construction was completed is unknown. Thirteen 
of these were more than 90 percent Negro in 1965. St. Louis Study, exhibits E-5, 
E-6 and P-1 and P-2. 

64 



Size also is a consideration when school officials must decide which 
schools should be enlarged and what their enlarged capacity should be. 
These decisions can determine a school's racial composition. For ex- 
ample, the Sojourner Truth Elementary School in San Antonio opened 
in 1950 as a 192-pupil school to serve a very small Negro residential area 
completely surrounded by whites. Four blocks away was a white school, 
Hidalgo. In 1959, Hidalgo was enlarged, but only enough to accommo- 
date its nearly all-white student body. In the 1959 school year, Hidalgo 
enrolled 346 students, 2 of whom were Negroes. Sojourner Truth, which 
was not enlarged, remained all-Negro .^*^^ 

The Sam Hill Elementary School, in Knoxville, is another example 
of the effects of decisions regarding school size. The school was built in 
1952 to serve a small Negro area. In 1958, in order to contain an ex- 
panding Negro population, it was enlarged to a capacity of about 400. 
Yet two blocks away was the all-white Londale Elementary School, which 
in 1960 was underenroUed by over 100 pupils. In 1965 Sam Hill re- 
mained all-Negro, and Lonsdale was 98 percent white.^ '° 

Grade Structure. — Another factor determining the racial composition 
of a student body is the number of grades accommodated by the school. 
Ordinarily, the fewer the grades the narrower the age limits and the 
larger the geographical area that can be served. Conversely, the more 
grades taught at a school the smaller the area it will serve. There have 
been a number of instances in Southern and border cities where schools 
have served more grades than is customary and this deviation from 
normal school practice has had the efTect of presenting school segregation. 

The Meigs School in Nashville serves grades 1 to 12. It is the only 
school in the city serving 12 grades. Most Nashville schools are orga- 
nized on a 6-3-3 or an 8-4 pattern. The school is located in a small 
Negro area and was all-Negro in 1 965.^"' 

The Dunbar Junior-Senior High School in Lexington, Ky., is the only 
secondary school in the city that combines a junior and senior high school. 
It is located in a Negro area and serves an all-Negro student body, com- 
prising 80 percent of all Negro secondary students in the city. Since 
1949, it has been enlarged twice to accommodate its all-Negro 
enrollment.^'" 



^^ School data from San Antonio school system. Racial composition of neighbor- 
hoods for San Antonio, and for cities referred to in notes 170-172 infra, from U.S. 
Bureau of Census, U.S. Census of Housing: 1960, Series HC(3) . 

^'^ School locations from Dolph's Map of Greater Knoville, Tenn. Other data 
supplied by the Knoxville school system. 

^^ School locations from Arrow Official City Map; Greater Nashville, Tenn. 
Other dT.ta supplied by the Nashville school system. 

"- School locations obtained from U.S. Office of Education. Other data supplied 
by the Lexington school system. The J. N. Ervin School (all-Negro) in Dallas is 

Footnote continued on following page. 

65 



Thus the location, size, and grade structure of school facilities can be 
key factors in determining a school's racial makeup. Decisions on loca- 
tion, size, and grade structure of school facilities often have ser\'ed to 
perpetuate racial separation in Southern and border State schools. In 
addition, the manner in which free choice systems have been administered 
sometimes has contributed to school segregation. 

Free Choice Provisions 

Under the free choice plans prevalent in the South, students generally 
are permitted or required to state a preference for the schools they wish 
to attend. If more students choose a given school than it can accommo- 
date, priority typically is given to students who reside in the immediate 
area. Thus, geographical considerations may influence the racial com- 
position of the schools even under free choice plans. Under these plans, 
however, considerations unrelated to geography also determine racial 
composition. In Houston, for example, although dual attendance areas 
officially are abolished, children automatically are re-enrolled in schools 
they previously attended under the system of dual boundaries, and their 
younger brothers and sisters also are given preference at these schools. 
Other children are permitted to enroll only if there is space to accom- 
modate them. The fact that a Negro child may live closer to a white 
school than some of the white children does not guarantee that he will be 
accepted.^" 

Even where race is not a factor in the initial school assignment of 
children, school officials may influence the exercise of choice in ways 
that intensify segregation. In Atlanta, the superintendent of schools 
sent a letter to the parents of children in the Kirkwood School ( 1 00 per- 
cent white ) , which was located in an area becoming all-Negro, notifying 
them that Negroes were being permitted to transfer to Kirkwood. The 
white children transferred elsewhere and the Kirkwood School, which 
had been all-white in 1964, was all-Negro in 1965.''* 

another example. It is the only school in the system serving 12 grades. It is lo- 
cated in a Negro area. The South Oak Cliff High School, grades 10-12, serving the 
adjacent white area had only 9 Negro children enrolled in 1965. Data supplied by 
the Dallas school system. 

^'^ Broussard v. Houston Independent School District, supra note 162, at 423-424; 
see also Houston Independent School District, Superintendent's Bull, Aug. 4, 1966. 

^'* Atlanta Journal, Feb. 15, 1965, p. 1. In a footnote to Calhoun v. Latimer, 10 
Race Rel. L. Rep. 621 (1965), the Federal district court described the facts sur- 
rounding the change of the Kirkwood School from all-white to all-Negro, as follows: 
"A typical instance of [rapid changes in residential patterns] involved the Kirkwood 
Elementary School, formerly all-white, but in an area where the sudden and sub- 
stantial influx of Negroes left the latter without adequate school facilities. The board 
allowed, but did not compel, white students to transfer to Wesley and Whiteford 
Elementary Schools, and gave a choice to the faculty of the Kirkwood School to remain 
or leave, and the principal of the latter with some other personnel, remained at the 

Footnote continued on following page. 

66 



There are other factors that impede desegregation under free choice 
plans. A prerequisite to the exercise of free choice by white and Negro 
students would appear to be the elimination of racial identification of 
schools. The racial identity of Southern schools, however, is maintained 
in a variety of ways.^'^ One is the continued segregation of teaching 
staff. In Houston, for example, only six of the city's more than 200 
schools had any desegregation of their full-time staffs in 1965. This in- 
volved only 17 out of some 9,500 teachers in the city.^"''' In Louisville, 
84 percent of the Negro teachers taught at schools more than 90 percent 
Negro.^''' In Atlanta, only four of the 59 schools 90 percent or more 
Negro had any white teachers by 1965.^'^ In Baltimore, 85 percent of 
the Negro staff were in schools more than 90 percent Negro in 1965. 
The story is the same in many other cities.^'" 



Kirkvvood School." The court found, in discussing the use of proximity as a criterion 
for transfers that this was perfectly proper: "Another illustration [of shifting popu- 
lation] is Kirkwood Elementary School above referred to where, although it was not 
covered at the time by the Atlanta plan, the large influx of Negroes into the com- 
munity was solved by voluntary application of many white students for transfers to 
Wesley and Whiteford Schools, making room for Negroes in close proximity to 
Kirkwood. No discrimination was practiced in this regard." Id. at 625. 

''^ In Houston, for example, the Research Department still arranges its files according 
to "white" and "colored" schools. (Observed in staff visit to Houston public 
schools, Aug. 1966.) In the fall of 1964, reports of the results of achievement test 
scores were sent to junior high school principals. The reports sent to Negro schools 
were labeled results of "Colored Junior High Schools." Averages were given by "City 
(White) ; City (Colored) ; Your School." Reports of the same test results sent to 
white schools were broken down by averages for "City" and "Your School." Negro 
test score results were not included in the "City" average. PlaintifT's Ex. No. 18, 
Broussard v. Houston Independent School District, supra note 162. In Baltimore, 
the Merganthaler Vocational High School was opened in 1953 for a white student 
body. (Baltimore City Public Schools, Directory of the Public Schools of Baltimore, 
Md. — 1953-54, 77.) At the same time a new Negro vocational high school was 
planned. {Southern School News, September 1954, 7.) In 1954, when the schools 
were desegregated, Negro children remained in their old school awaiting completion of 
the new school, and Merganthaler remainder virtually all-white. (Information ob- 
tained from Miss Clara Grether, Research Specialist, Bureau of Research, Baltimore 
City Public Schools; Baltimore City Schools, Net Roll by Grades and Types as of Octo- 
ber 1954 — White and Negro — Taken from Child Population Register.) In 1955, the 
new Negro school opened. It was named Carver and had an all-Negro student body. 
(School construction data for 1955, supplied by Bureau of Research, Baltimore City 
Public Schools.) Both of these schools draw students from all parts of the city. In 
1965 they remained segregated. Baltimore City Public School, Net Roll by Race, Oct. 
31 , 1965. See also U.S. Commission on Civil Rights, Survey of School Desegrega- 
tion in the Southern and Border States, 1965-66, 33-35 (1966). 

^'" Broussard v. Houston Independent School District, Defendants Ex. No. 3, op. cit. 
supra, note 162. 

^'' Samuel V. Noe, Superintendent of Schools, Status of Desegregation in the 
Louisville Public Schools, Sept. 23, 1966 (Oct. 17, 1966), and State Department of 
Education, Integration in the Public Schools of Kentucky, Oct. 1 965. 

^'* Data received from Atlanta Public Schools. 

^'^ City of Baltimore, Bureau of Research, Department of Education, Faculty By 
Race, September 30, 1965. In Raleigh, N.C., staff segregation on the elementary 
level remained complete in 1965, so that all but 54 Negro elementary children 
attended all-Negro schools with all-Negro staffs. (Source: Raleigh Public School 

Footnote continued on followinjr page. 

67 



The availability of transportation to a school outside one's neighbor- 
hood also limits the exercise of choice. In some cases transportation is 
available only on a basis which will promote, not reduce, segregation. 
In Houston, for example, bus routes devised to serve the dual school 
system were not revised when the dual system was abolished officially. ^^° 
Consequently, in 1965, children received transporation only as it was 
routed to schools under the dual attendance system. In many instances, 
buses traced the actual boundaries of the abolished dual areas.^*' The 
vehicles traveled long distances to carry Negro children past white schools 
to Negro schools, and while children past Negro schools to white schools. 
White children living in the Piney Point area, served by a Negro school, 
received transportation to the all-white Pilgrim school.'^" Since the 
buses were not routed to carry Negro children to white schools, many 
Negro children could not choose to attend white schools for lack of 
transportation. ^^^ 

The exercise of free choice also is limited by school authorities' deter- 
minations of what constitutes overcrowding. If different standards are 
applied to majority- white and majority-Negro schools, they can maintain 
or intensify segregation. 

The Board of Education in Baltimore provided that when a school was 
in danger of becoming overcrowded, its usual open enrollment program 
could be discontinued and the school "districted," permitting the attend- 



System.) In Richmond, Va., all but two Negro elementary teachers remained at 
all-Negro schools in 1965. Twenty-four white elementary teachers taught at four 
schools 90 percent or more Negro. Ninety-five percent of the Negro elementary chil- 
dren in 1965 attended Negro schools with virtually all-Negro staflFs. (Source: Rich- 
mond Public School System.) In Wilmington, Del., where pupil and staff desegrega- 
tion was more advanced in 1965, 40 percent of the Negro elementary children 
remained at nearly all-Negro schools with virtually all-Negro staffs. Seventy-six per- 
cent of the Negro elementary staff" remained at schools 90 percent or more Negro. 
(Source: Wilmington Public School System.) See also App. A, Table 1, for extent of 
staff desegregation in Southern and border cities. 

^'^'' Broussard v. Houston Independent School District, Record, Vol. Ill, pp. 590, 
609, 611, supra, note 162. The director of school transportation testified that the 
bus routes used during the 1965-66 school year were the same as those used when the 
system had been segregated. He stated that practices would be revised for the 1966-67 
school year so that Negro children, riding a "Negro bus" that passed a white school, 
could alight at the white school if they wished. If the demand were sufficient, buses 
would also carry children from Negro areas to white schools. However, demand had 
to be made known by the middle of August. It seems unlikely that the demand could 
be known by the middle of August, since the choice period was not until the end of 
August. Furthermore, the system did not publicize the revised transportation policies, 
making it likely that many Negro children would not choose a white school, thinking 
there was no possible way to get there. See Houston Independent School District, 
"Letter to Parents on Registration," Aug. 5, 1966. 

'''^ Houston Independent School District, Report on Geographical Sources for 
School Bus Transportation, Pupils Eligible and Ineligible, (Dec. 16, 1965) and 
official school board map of elementary boundaries, 1964-65. 

"= Ibid. 

^^ StafT interviews with Mrs. Gertrude Barnstone and Mrs. Ch.arles White, board 
members, Houston Independent School District, Prof. William McCord, Department of 
Sociology, Rice University, and Rev. and Mrs. William Lawson, August 1966. 

68 



ance only of those children residing within the geographical district lines.^^* 
But different standards of overcrowding were used for white and Negro 
schools. White schools were districted when equally crowded Negro 
schools were not. Some Negro schools were put on double shift.^®^ One 
of the criteria used by administrators for determining when a school was 
threatened with overcrowding was when the area surrounding the school 
was "in the process of changing from a white to a Negro residential 
area." ^^° The arrangement of these district lines sometimes had the ef- 
fect of maintaining racial separation in racially mixed areas. An exam- 
ple was Baltimore's Elementary School 242, which was all-white in 1954. 
That year the boundary lines were extended to include the white children 
living in an area that was becoming predominantly Negro. As a result, 
School 242 was nearly 50 percent over capacity. A nearby Negro school 
opened the same year well under capacity.^^" 

Only limited school desegregation has been achieved under free choice 
plans in Southern and border city school systems. A combination of 
factors has operated to retard school desegregation under these plans. 
Some factors, such as the use of racial criteria in honoring student prefer- 
ences, the maintenance of school staff segregation, and the perpetuation 
of dual boundaries through bus transportation routes, can be readily iden- 
tified as interfering with the exercise of free choice and impeding progress 
in school desegregation. Other factors, including deeply entrenched 
patterns of dual attendance in Southern and border city schools, cannot 
be assessed so easily. Nonetheless, the degree of school segregation in 
these free-choice systems remains high. In some instances racial isolation 
is greater than it would be under a strict system of geographical zoning. 
In Atlanta, for example, the nearest high school for many elementary 
students attending Bolton (100 percent white), Chattahoochee (100 
percent white), and Mount Vernon (92 percent white) is Archer High 
School (100 percent Negro). Under strict geographical zoning these 
three elementary schools normally would feed into Archer High School. 
Under Atlanta's free choice system, however, students graduating from 



''^Baltimore Public Schools, Desegregation Policies and Procedures, 1954-63, May 
22, 1963, at 2-3, 10-11. 

^^ The average percentage enrollment of capacity for nearly all-Negro elementary 
schools in 1954 was 138.6 percent, whereas for nearly all-white schools it was 123.1 
percent. Yet, only one-fifth of the Negro schools were districted compared to one- 
third of the white schools. Computed from capacity and enrollment figures given 
in City of Baltimore, Bureau of Research, Department of Education, Physical and 
Administrative Details of School Buildings, 1954. 

^^ Baltimore Public Schools, op. cit. supra note 184, at 10, 11. 

^^ Id. at 88; see map of Baltimore, Md., for location of schools; for school capacity 
and enrollment figures, see Baltimore Department of Education, supra note 185. 
Memorandum to the School Plant Planning Committee from the Bureau of Research, 
Oct. 24, 1956, Subject: Northwood Elementary School No. 242 Population Pressure 
and the Yorkwood School No. 219. In 1959 a new school, No. 209, was constructed 
one-half block west of the district Hne for School No. 242. Although the school was 
located in an integrated area, it opened 90 percent Negro. 

69 

243-637 O - 67 - 6 



these elementary schools attend O'Keefe High School (97 percent 
white ).^«' 

In Houston, too, some schools — Katherine Smith and Piney Point, for 
example — would have been less segregated had neutral attendance zones 
been drawn. But under Houston's free choice plan Smith School was 
all-white and Piney Point School was all-Negro in IQGS/""" Thus even 
in cities with high degrees of residential segregation, free-choice plans 
sometimes have produced more rigid school segregation than under a 
system of school attendance based entirely on residence. 



In Southern and border cities, then, school segregation results from 
a number of factors. First, zoning plans — even if free from gerry- 
mandering — may result in school segregation merely because of rigid 
residential segregation. Second, carryovers from the dual school system, 
such as transportation and segregated teaching staffs, still persist. In 
addition, school segregation in Southern and border cities has been 
furthered by decisions on site selection, school size, grade structure, 
transfer priorities, and standards of overcrowding. 



Summary 



The causes of racial isolation in city schools are complex and the 
isolation is self-perpetuating. In the Nation's metropolitan areas, it rests 
upon the social, economic, and racial separation between central cities 
and suburbs. In large part this is a consequence of the discriminatory 
practices of the housing industry and of State and local governments. 
The Federal Government also shares in this responsibilit)'. Federal hous- 
ing policy, for many years openly discriminatory and attuned largely to 
the suburban housing needs of white, affluent Americans, has contributed 
substantially to this separation. Even now, the Federal Government's 
policy on equal housing opportunity and its programs aimed at providing 
housing for low-income families are inadequate to reverse the trend 
toward racial isolation in metropolitan areas. 

The separation between city and suburban populations has been rein- 
forced by increasing disparities in wealth. At a time when the financial 



'^^ Atlanta Study, at 125 (proximity), 132 (feeder pattern). Telephone inter- 
view with John W. Haldeman, Administrative Assistant, Office of Superintendent, 
Nov. 4, 1966 C racial composition 1966-67). 

^^^ Broussard v. Houston Independent School District, supra note 162, Plaintiff's 
Ex. No. 2, and Defendant's Ex. No. 3. Houston Independent School District, Report 
on Geographic Services for School Bus Transportation, Pupils, Eligible and Ineligible, 
Dec. 16, 1965. White children were bused from near the all-Negro Piney Point School 
to the white Pilgrim School some distance away. Negro children were bused from 
near the all-white Smith School to the all-Negro Highland Heights School some 
distance away. Because these children live so close to schools serving the other race, 
were a neutral boundary to be drawn, some desegregation would occur. 

70 



burdens of central cities and the demands for social services have been 
growing, cities have been losing fiscal capacity. Cities which formerly 
surpassed suburbs in educational expenditures are now falling behind. 
State education aid fails to equalize the growing disparity between sub- 
urban and central city public schools and recently enacted Federal aid 
programs are insufficient to reverse the trend. This disparity adds 
further impetus to the existing movement of affluent white families to 
the suburbs. In many metropolitan areas, racial concentrations in the 
central city schools have reached the point where solutions are no longer 
even theoretically possible within the city alone. 

The pattern of residential segregation is reflected within the central 
city as well. Here, too, the private housing industry, and government at 
all levels, share much of the responsibility for creating and perpetuating 
residential segregation. Geographical zoning is the common method 
of determining school attendance and the neighborhood school is the 
predominant attendance unit. When these are imposed upon the exist- 
ing pattern of residential segregation, racial isolation in city schools is the 
inevitable result. In addition, the day-to-day operating decisions of 
school officials — the location of new school facilities, transfer policies, 
methods of relieving overcrowded schools, determination of the boundary 
lines of attendance areas — often have further intensified racial isolation. 
In the North, where school segregation was not generally compelled by 
law, these policies and practices have helped to increase racial separation. 
In the South, where until the Brown decision in 1954 school segregation 
was required by law, similar policies and practices have contributed to 
its perpetuation. 



71 



Chapter 3 

Racial Isolation and the 
Outcomes of Education 



Since 1954, when the Supreme Court ruled that segregation in public 
schools sanctioned by law violated the Constitution, increasing attention 
has been given to the effects of school segregation not based on law. 
Does such segregation have a negative effect upon the performance and 
attitudes of Negro students? 

The question is difficult to answer, for it requires that the influence of 
one aspect of a child's education — the racial composition of his school — 
be determined apart from all other relevant factors. The question is 
further complicated by the fact that the intellectual and emotional 
development of children is related not only to their schools but to a 
much broader social and educational context. Apart from the possible 
effects of a school's racial composition, the results of schooling also 
are affected b) the social and economic circumstances in which children 
grow up, the quality of education provided in their schools, and the 
achievement and aspirations of their classmates. It is not a simple matter 
to separate elements which in reality are so closely interwoven. And the 
outcomes of education cannot be measured solely by children's grades in 
school — they extend also to their attitudes and experiences as adults. 

There are a number of tested standards by which the effects of educa- 
tion can be assessed. Although none is absolutely accurate, each is a 
useful indicator of the outcomes of education. Most familiar is students' 
performance on achievement tests. Since achievement in other subjects 
depends strongly upon reading, tests of reading or verbal achievement are 
the usual measure of academic progress. The effects of education also 
include children's attitudes and aspirations. Thus measures have been 
devised to assess the schools' influence upon these factors. 

The main purpose of education in America is to prepare students for 
future careers and lives as citizens. Occupational success now requires 
highly developed knowledge and technical skills, and public schools 
increasingly are expected to provide preparation for later education. 
One measure of their long-range effect, therefore, is a student's success 
in further education. Another is his relative occupational and economic 
attainrnent as an adult. 

73 



Marked differences exist between Negro and white Americans when 
measured by each of these standards. The disparities appear early in 
school. The verbal achievement of the average third grade Negro 
student in the Northeastern United States is about a year behind the 
average white in the same region.^ Differences of the same magnitude 
exist in all other regions of the Nation." 

This disparity typically is greater in higher grades. The average third 
grade Negro student in the Midwest has a verbal achievement level ap- 
proximately one year behind the average white student, but in the 12th 
grade the difference is nearly 3 years.^ Commission studies in individual 
cities revealed that this pattern is general.^ 

Differences in achievement also are apparent on other standard tests. 
The U.S. Army administers tests to all inductees, the results of which 
depend upon ". . . the level of . . . educational attainment [and] 
. . . the quality of . . . education . . ."."' The most recent test was 
given in 1965; it shows that while 18 percent of all whites failed, more 
than half of all Negroes failed.*^ 

In spite of these differences in academic performance, Negro students 



^ OE Survey 223, table 3.11.3. All data from the OE Survey cited in this chapter 
are for metropolitan areas. 

- Ibid. 

' Ibid. 

* In Boston, predominantly Negro schools made consistently lower median scores in 
reading achievement at every grade level tested than the predominantly white schools. 
In the higher levels, the difference in the achievement increased steadily. Boston 
Study, Section F-1, tables 2 and 3. 

In Philadelphia differences in average reading achievement (expressed in grade 
level equivalents) between predominantly Negro and white schools increased from 
0.8 in the second grade to 3.3 in the tenth grade. Scores from the School and College 
Aptitude Test for the eleventh grade, 1965-66, revealed a similar disparity: All 
schools over 90 percent Negro obtained school percentiles in the lowest quarter. 
Generally, the scores for predominantly white schools were consistently higher than 
those for the predominantly Negro schools; the highest Negro school ranked consid- 
erably below the white schools. (Test scores from Department of Research and De- 
velopment, School District of Philadelphia.) 

In Cleveland, a similar pattern was found. Nearly all-Negro schools start off at 
approximately one half of a grade level below white schools according to scores made 
in kindergarten on the Lee Clark Reading Readiness Test; at the ninth grade level 
medians for Negro schools typically were nearly two years behind white schools; 
grade equivalents for Negro schools ranged from 7.7 to 8.3, while for white schools 
the range was 8.3 to 10.1. By the twelfth grade, Negro schools were all below the 
city median, the white schools were all above the city median, and the lowest white 
school scored substantially higher than the highest score for the nearly all-Negro 
schools. (Scores obtained from Bureau of Educational Research, Cleveland Board 
of Education.) 

In Atlanta, in 1965, in the Negro schools the median grade equivalent of the eighth 
grade in reading achievement was 3.9; in predominantly white schools it was almost 
5 grades higher, 8.7 (Scores obtained from the Department of Research, Atlanta 
Public Schools). Similar disparities were noticed in test scores received from the 
public schools in Oakland, Milwaukee, and St. Louis. 

^Office of the Surgeon General, U. S. Army, 21 Supplement to Health of the 
Army 2 (1966). 

" Id. at 8. 

74 



generally express a desire for academic success." Nevertheless they are 
less likely to have definite plans to attend college.*^ Moreover, Negro 
students more often feel that they will be unsuccessful later in life.^ 

There also are dissimilarities when further education is considered. 
Negroes less often are enrolled in college than whites and they are much 
more likely to be enrolled in high schools which send a relatively small 
proportion of their graduates to college.'" Indeed, Negro students finish 
public school less often than whites and they are much more likely to 
attend schools with high dropout rates.^^ 

Differentials also exist in the distribution of income and occupations 
in later life. Negroes with college education earn less on the average 
than high school-educated whites.'" Negroes with some college educa- 
tion are less likely than similarly educated whites to be employed in white 
collar trades." 

These disparities arise from a variety of sources. In many respects 
they are related to factors which do not affect all children, such as racial 
discrimination in employment. Yet the outcomes of education for all 
students are shaped by a number of common factors. 

One, the importance of which long has been recognized, is the educa- 
tional and economic circumstances of a child's family. Students from 
differing circumstances, i.e., different social class backgrounds, bring 
to school differently developed attitudes and verbal skills. Both have 
a strong influence upon their performance in school and later in life." 

Similarly, the social class level of a given student's classmates usually 
has a strong bearing upon his performance and aspirations. A student 
who attends school with other youngsters who intend to go to college 
is more likely to desire this iiimself than if most of his schoolmates do not 
plan to attend college or even finish public school." 

Students also are influenced by the quality of education they receive 
in school. The elements of school quality generally thought to be impor- 
tant can be gauged in part by those factors which educators typically 
emphasize when they seek to improve the schools. One is reduced class 

' OE Survey at 196, table 2.43.2. 

'Mat 195, table 2.43.2. 

"Mat 199, table 2.43.3. 

"/d/.at 193, table 2.43.1. 

"7J. at 196, table 2.43.2. 

^' U. S. Dept. of Labor, The Negroes in the United States: Their Economic and 
Social Situation 208, table IV B-13 (June, 1966). In 1963 nonwhite males with 
one or more years of college had a median annual income of slightly more than $4,000. 
In the same year the median annual income of white males with four years of high 
school was $5,000. 

"M at204,tableIVB-10. 

^' Goldberg, "Factors Affecting Educational Attainment in Depressed Urban Areas" 
in Education in Depressed Areas 68, 87 (Passowed. 1963). 

'' A study of high school seniors of the San Francisco Bay Area indicated that work- 
ing class youth who aspired to attend college were more likely to be attending pre- 
dominantly middle class schools. Kraus, "Sources of Educational Aspirations Among 
Working Class Youth", 29 American Sociological Review 867, 875, 877 (1964). 

75 



size, permitting more attention to individual students. Another is the 
recruitment of more highly qualified teachers, which often requires 
improved salaries and teaching conditions. It also has been recognized 
that an important aspect of a teacher's qualifications is his attitudes and 
the level of performance he expects of his students. A fourth is the 
development of more advanced educational curricula and facilities, 
particularly in such areas as language and science.^^ 

Finally, increasing numbers of educators believe that the racial com- 
position of schools can affect the performance and attitudes of students. 
There is some evidence that the academic achievement of Negro students 
is lovv^er \n majority-Negro than in majority- white schools, and many 
educators have said that attending school almost exclusively with chil- 
dren of the same race has a negative effect upon the attitudes of both 
Negro and white students.^" 

In this chapter we consider the influence of these factors on the out- 
comes of education for Negro students. In attempting to make judg- 
ments there are three problems which must be borne in mind. First, 
it is difficult to compare a given characteristic of schools or students 
apart from other factors. The best teachers most often are found 
in schools whose students come from fairly affluent homes. These 
schools also tend to have the most advanced educational programs and 
the best educational facilities. Their students almost always are white. 
This makes it difficult to measure the effect of very high levels of school 
quality upon student bodies of other social or racial backgrounds. 
Similarly, the fact that most Negroes attend school almost exclusively 
with Negroes makes it difficult to assess the relationship between the 
racial composition of schools and student performance. 

Second, the process of education is very complex, and simple causal 
connections cannot be drawn. It may seem reasonable, for example, 
to say that a student's motivation to learn directly affects his academic 
performance. Thus when it is found that students with strong motiva- 
tion have high grades, it might be concluded that the motivation caused 
the performance. Undoubtedly, however, there is a complicated causal 
relationship in which levels of motivation and academic performance 
interact, each reinforcing the other. 

Finally, the standards for measuring the outcomes of education have 
clear limitations. Although tests of verbal achievement do assess the 
basic skills needed for academic and occupational success, they are only 

" See, e.g., The Educational Policies Commission of the National Education Asso- 
ciation and the American Association of School Administrators, American Education 
and the Search for Equal Opportunity (1965). 

"/J. at 30. See also: Clark, "Educational Stimulation of Racially Disadvantaged 
Children" in Education in Depressed Areas 156 (Passow ed. 1963); Testimony of 
Miss M. Tillman, Boston public school teacher, Hearing Before the U.S. Commission 
on Civil Rights, Boston, Massachusetts, October 4-5, 1966 (original transcript) at 
88. [Hereinafter cited as Boston Hearing]. 

76 



a limited measure of a child's potential. Within these limitations, this 
chapter represents an effort to provide some new insight in an important 
area. If appropriate remedies for unequal educational opportunity are 
to be devised, it is important and perhaps crucial to know whether the 
racial composition of schools influences educational outcomes. 



Social Class and the Outcomes 
of Education 

The outcomes of education are strongly related to the social class origin 
of students. This relationship holds for both Negroes and whites. The 
educational attainment of an individual student is related both to his 
own social class and to the social class level of his classmates. 

Individual Social Class 

In the few years which separate their infancy from entry into 
school, children are exposed to profound formative influences. During 
those years verbal skills and styles of speech and thought are shaped, 
a child's view of himself develops, and his aspirations begin to form. 

Most social scientists have rejected the proposition that "innate" 
ability is related to the race or social class of indi\ddual children .^^ Nor 
is there in America a well-defined culture of poverty, or a single life 
style associated with affluence. There are, however, some general char- 
acteristics associated with lives of relative poverty or affluence which are 
closely related to success or failure in school." 

Compare, for example, a child growing up in an economically deprived 
environment with another in a well-to-do neighborhood. The first is 
more likely to be poorly fed and clothed, and his family to be constantly 
concerned with meeting immediate material needs. In contrast to the 
advantaged child, the children of pyoverty often come to school under- 
nourished and sometimes with serious, often undetected, medical prob- 
lems."" Children from advantaged homes do not ordinarily suffer 
material deprivation or inadequate health care. 



^' See generally: Hunt, Intelligence and Experience (1961); Pettigrew, A Profile 
of the Negro American 133-135 (1964). 

^"Miller, "The American Lower Classes: A Typological Approach" in Mental 
Health of the Poor 139 (Pressman ed. 1964); Deutsch, "The Disadvantaged Child 
and the Learning Process" in Education in Depressed Areas (Passow ed. 1963). 

^ See, e.g., Jeffers, Three Generations, Case Materials for the Child Rearing 
Study Sponsored by the Health and Welfare Council of the National Capital Area 
(Sept.-Oct. 1966) ; Jackson, Poverty's Children, Case Materials for the Child Rear- 
ing Study sponsored by the Health and Welfare Council of the National Capital Area 
(Sept.-Oct. 1966). 

77 



Poor children also must contend with their immediate neighborhood 
environment. Typically, their contacts and associations are much more 
restricted than those of more advantaged children. Disadvantaged chil- 
dren do not go outside their neighborhood as often as youngsters from 
more advantaged homes — whether it is to visit a museum, to travel 
beyond the city, or to go shopping.-^ Their neighborhoods also are 
typically disadvantaged. Calvin Brooks, a recent high school graduate, 
said of his neighborhood when he testified at the Commission hearing 
in Cleveland, Ohio: 

[It] is a slum ... a very depreciated area, and you find all kinds 
of people . . . alcoholics . . . along the streets ....-- 

The chief vehicle of formal education is verbal and written communi- 
cation. Children who have grown up in homes where reading is en- 
couraged and books are commonplace come to school well prepared. 
They typically have a style of speech and habits of thought similar to 
those of their teachers."^ Progress in school often is easy and they are 
likely to have facility with the tests used to measure their achievement, 
on the basis of which students often are placed in grades or ability groups. 
In contrast, children who grow up in poor neighborhoods often have 
styies of speech markedly difTerent from those used in the schools or in 
written English, and are less likely to read before they enter school. Thus 
their early school experiences are with less familiar modes of communi- 
cation, and they typically have greater difficulty with the tests used to 
measure achievement. The tendency for teachers to regard these chil- 
dren as deficient makes their adjustment to school more difficult."^ 

The differences between poverty and affluence extend beyond formal 
learning. In more affluent communities, schooling often is a basic con- 
cern of parents, who frequently are deeply involved in school affairs. 
Parents in poor neighborhoods are not usually any less concerned with 
education; indeed, they typically regard it as the chief avenue out of 
poverty.-' Yet, it is often more difficult to find time to become involved 
in school affairs when the problems of material existence are pressing. 
Many parents do not participate because they do not believe that they 
can have much influence in school affairs. Indeed, some students of 
education have said that schools often are less responsive to poorly edu- 
cated parents. Patricia Sexton, professor of sociology at New York Uni- 
versity, points out in her study of social class and education that : 

. . . upper income groups have usually been in control of school 
boards and thereby in control of \vhat goes on in the schools and 



^ Deutsch, Minority Group and Class Status As Related to Social and Personality 
Factors in Scholastic Achievement 4 (1960). 

"- Cleveland Hearing 280. 

^Deutsch, op. cit. supra note 19 at 174. 

-* Ravitz, "The Role of the School in the Urban Setting" in Education in De- 
pressed Areas 15-21 (Passow ed. 1963). 

■''Jackson, op. cit. supra note 20 at 19. 

78 



the methods of distributing rewards. In addition there is the fact 
that very Httle pressure is applied to the schools by lower-income 
individuals or groups representing them while upper-income groups 
tend to have great influence in the schools and to be active in school 
affairs. -"^ 

Finally, a child from an affluent neighborhood learns early that educa- 
tion is the chief vehicle of success in later life. He is likely to assume that 
he will attend college and may even define his goals less in terms of college 
than in terms of the professional education he desires after college. Such 
children are not likely to have serious financial barriers to their further 
education. They find it easy to entertain longer-range aspirations, for 
there is less pressure to earn money immediately. 

Growing up in poverty, on the other hand, lends urgency to a child's 
ambitions and aspirations. He is more likely to want to find work as 
soon as possible, and infrequently has the independent means to pay for a 
college education. In a recent study of poverty one mother described a 
son who left school : 

Donald stopped school in the 8th grade because we didn't have 
food in the house and he also wanted a little money to spend. He 
said he wanted to stop school and go to work and help the family 
and that's what he did.-^ 

In addition, although they may aspire to attend college, these children 
have few everyday contacts with college-educated adults. Thus while 
aspirations may be high, financial means are limited and models of 
achievement are few. As a recent study of families in poverty pointed 
out, the concrete plans of the poor often are at variance with their 
expressed aspirations: 

Many, if not most, low-income families find themselves strad- 
dling two ways of life as they try, or express the wish to be able to 
meet selected middle-class goals but find themselves bogged down 
and pulled back to "basics" by the demands of daily life.'^ 

Individual Social Class and Performance 

These differences have a close relationship to performance in school. 
The Equality of Educational Opportunity survey — one of the most ex- 
tensive studies of student attitudes and performance ever made — found 
that the greatest proportion of the achievement differences among 
students are accounted for by the differences in their social class.^^ 



^Sexton, Education and Income, 7-8 (1961). 

"' Jeffers, op. cit. supra note 20 at 20. 

"-'Id. at 1-2. 

"" OE Survey at 298-300. 



79 



Figure 1 depicts the average verbal achievement in grade levels of 12th- 
grade Negro and white students, ranked by a measure of the student's 
social class.^° In this case the indicator of social class used is the level 

Figure 1. Average Grade Level Performance, of Twelfth Grade Negro and 
Wfiite Students by Individual Student Social Class; Metropolitan Northeast 



Average Grade Level 
12 



11- 



10- 



7- 



6- 



5- 



4- 



1732 





Individual Student 
Social Class: 

Race 



Low Medium High 

\ V / 

Negro 



Low Medium High 
\ / 



White 



Note: The numbers in the bars represent the number of cases. 
Source: USCCR analysis of OE Survey data. See App. C 1. 



'" It should be noted that Fig. 1 is only an approximate measure of the achievement 
differences between children. None of the students' other experiences, such as the 
character of their schooling, have been taken into account. These same data, with 
appropriate adjustments for the sample design, are described in further detail in the 
OE Survey where the large regional differences and the degree of overlap in the 
distributions of Negro and white student test scores are shown. (OE Survey 219- 
275). 



80 



of the parents' education. ^^ It shows that students of lower social class 
have distinctiy lower average verbal achievement than those from more 
privileged backgrounds. 

In a study of Richmond, Calif., performed for the Commission by 
Alan Wilson, Professor of Education at the University of California at 
Berkeley, the relationship between a student's social class and his school 
achievement was assessed. In this case the index of social class was 
parents' occupational levels. Wilson found that social class was the 
single factor most closely related to the academic achievement of children 
in the early grades.^" This relationship was closer for white than Negro 
students, a result also found in the Office of Education survey.^^ 

The attitudes and aspirations of students also are strongly related to 
their social class. One useful indicator of aspirations is the ambition for 
further education. Children from poorer backgrounds are less likely 
than children from well-to-do backgrounds to have concrete and definite 
plans for college. They also are less likely to have followed through on 
their aspirations by contacting a college official or reading a college 
catalogue.^^ Wilson also found a strong association between aspirations 
and individual students' social class.^^ 

These differences do not suggest that to be poor in America auto- 
matically impUes failure in school. They do suggest that, on the average, 
the social class of a student has a strong relationship to his academic 
success and aspirations. This is of particular significance for Negro 
students. In America a greater proportion of Negro than white children 
are poor, and thus the educational damage that stems from poverty is 
proportionately greater for the Negro than for the white population. 

The Social Class Composition of Schools 

The social class level of a student's classmates also has an important 
relationship to the outcomes of his education. From the early grades 
through senior high school, children increasingly are open to the direct 



^^ With the exception of Alan Wilson's study, all text references to social class which 
follow are based upon the average educational attainment of a student's parents. 
The tables refer to "Low", "Medium", and "High" : these headings refer respectively 
to less than high school, high school graduate, and more than high school graduate. 
Where the text refers to disadvantaged students, this designates the "Low" category. 
"Social class" is used in the text as a convenient designation for measures of relative 
educational disadvantage. 

^~ Wilson, Educational Consequences of Segregation in a California Community, in 
app. C-3 (vol. II) of this Report [Hereinafter cited as Wilson app. C-3]. 

=" OE Survey 300, 301, table 3.221.3, 6. 

""' App. C-1, tables 3.3 and 3.4. 

^'See Wilson app. C-3 at 193-199. 



81 



influence of their peers. Both the Commission's Richmond study and 
the Equality of Educational Opportunity survey conclude that while 
family status is of great importance for early school achievement, in the 
later grades the influence of family gives way more and more to the 
influence of students' peers. ^'^ Dr. Charles Pinderhughes, a psychiatrist 
who testified at the Commission's Boston hearing, described the impor- 
tance of the environm.ent created by the student body : 

. . . [W]hat the pupils are learning from one another is probably 
just as important as what they are learning from the teachers. 
This is what I refer to as the hidden curriculum. It involves such 
things as how to think about themselves, how to think about other 
people, and how to get along with them. It involves such things 
as values, codes, and styles of behavior . . . .^^ 

Social Class Segregation Among Schools 

A poor child is not only likely to have lower verbal achievement and 
aspirations himself, but he is very likely to attend school where most of 
the students have similar achievement and aspirations.^^ 

An example of these differences in student environment is depicted 
in Figure 2. It summarizes the average verbal achievement of the 12th 
grade Negro and white students in schools of different social class com- 
positions.^^ The figure shows that the average 12th grader's achieve- 
ment in schools with lower social class levels is well below the average 
achievement level in more advantaged schools. 

The distribution of student attitudes follows a similar pattern. Chil- 
dren raised in poverty are more likely than privileged children to attend 
school with students who feel that they will not be successful in life, and 
are less likely to have classmates with definite college plans.*" 

Norman Gross, a Rochester, N.Y., high school teacher who testified at 
the Commission's hearing there, described the differences in students' 
aspirations between Madison High School — attended mostly by poor 
children — and a suburban school : 

. . . [0]ne of the Madison youngsters said: "[A]t Madison we 
asked a question, 'are you going to college?' " At Brighton the 
question always is "what college are you going to." *^ 

One particularly sensitive indicator of a student's attitudes is whether 
or not he has the sense that he can affect the direction of his own life. 



"^OE Survey 304; See Wilson app. C-3 at 174. 
'■''Boston Hearing at 138. 

^'For white students see app. C-1 tables 8.6 and 8.7 at 137-138. For Negro 
students see Id. tables 4.1 at 66, table 3.2 at 59. 
="• Ibid. 

'" For Negroes see Id. table 4.2 at 67 ; for whites sec id. table 8.6 at 137. 
*^ Rochester Hearing at 130. 

82 



It has been said that powerlessncss — the feeling that one's Hfe is not under 
one's own control — is typical of people in poor neighborhoods/- Pre- 
vious studies have shown a definite relationship between the level of an 
individual's performance and the presence or absence of the sense that 



Figure 2. Average Grade Level Performance of Twelfth Grade Negro and 
White Students in Schools of Different Social Class Compositions; Metropolitan 

Northeast 

Average Grade Level 













_ _ 






12 
11- 


- 








10- 


- 








^m 


9- 


- 




i ' ' '"'• 




1 


8- 

7- 










i 
1 


6- 
5- 


- 


2708 


i::-S:..' ' 

j 


7342 






4- 


- 















School Social Class: 
Race 



Low 



High 



Low 



High 



Negro 



White 



Note: The numbers in the bars represent the number of cases. 
Source: USCCR analysis of OE Survey data. See App. C 1. 



" See, e.g., Harlem Youth Opportunities Unlimited, Inc., Youth in the Ghetto 10-11 
;i964). 



83 



he can affect his destiny/^ This altitude also varies with the social class 
level of the school/* Students in school with a majority of disadvantaged 
students more often are exposed to other students who feel they cannot 
afTect their own destiny. 

School Social Class and Performance 

The effect of the social class composition of schools upon student per- 
formance can best be seen if the average social class of the entire student 
body is distinguished from the social class of individual students. Thus 
the performance of individual students of a given social class can be 
examined in schools with different social class compositions. 

These relationships are examined in Figure 3 where the social class 
level and race of individual students, and the social class composition of 
the schools they attend are shown. ^" The first set of bars (1 and 2) 
compares the average grade level performance of Negro students from 
homes where parents have less than a high school education, in two dif- 
ferent types of schools : ( 1 ) those in which a majority of the students 
have parents with similarly low levels of education, and ( 2 ) those where 
a majority of the students have parents with at least a high school edu- 
cation. When the two bars are compared it is seen that the average 
performance of disadvantaged Negro students is better when the social 
class level of the student body is higher. As the figure also shows (7 
and 8 ) , this relationship is true for disadvantaged white students as well. 

The performance of Negro students from more advantaged back- 
grounds in schools of different social class compositions also is compared. 
The third set of bars (5 and 6) depicts the average verbal achievement 
level of more advantaged students in schools of the same social class levels 
just described. These bars show that the performance of more ad- 
vantaged students also varies with the social class level of the student 
body. This tendency holds for white students as well ( 1 1 and 12). 

In Wilson's study of Richmond students, a marked relationship also 
was foimd between the social class composition of schools and student 

" Some studies have been undertaken to inquire into the relationship between feel- 
ings of powerlessness and the acquisition of knowledge and information. See, e.g., 
Seeman and Evans, "Alienation and Learning in a Hospital Setting", 27 American 
Sociological Review 772 (1962 ) . In a hospital study of tuberculosis patients, Seeman 
and Evans found that those with the strongest feelings of powerlessness had less knowl- 
edge about tuberculosis than those who were not so alienated. Seeman, "Alienation 
and Social Learning in a Reformatory", 59 American Journal of Sociology, 270 
(1963). In a reformatory setting, inmates with greater feelings of powerlessness 
learned relatively little when given information about parole, even though it might 
have helped shorten their confinement. All had over 100 IQ and at least 9th grade 
education. There was no correlation between IQ and alienation. 

''App. C-1, table 3.5 at 62; OE Survey 200, table 2.43.4; see also Havighurst, 
"Urban Development and the Educational System" in Education in Depressed 
Areas 24 (Passow ed. 1963). 

*' The social class level of the school is measured by the average parents' education 
of all students in the school. This measure is used in all figures and tables dealing 
with school social class. For a discussion, see app. C-1 , 37-39; 40-41. 

84 



Figure 3. Average Grade Level Performance of Negro and White Twelfth 
Grade Students by Social Class Level of the School and the Social Class 
Origin of the Student; Metropolitan Northeast 



Average Grade Level 



12 



11- 



9- 



7- 



6- 



5- 



4- 



1307 




1078 



;534> 



k%| 






323 



:446; 



4085 




2831 



4681 



School Social Class: Low High Low High Low High 



Individual Student 
Social Class: 



Low 



Medium 



High 



Low 



Race: 



Negro 




■II^^^ 



426 



Low High Low High Low High 



Medium High 

—sj / 

White 



Note: The numbers in the bars represent the number of cases. 
Source: USCCR analysis of OE Survey cJata. See App. C 1. 

performance. Richmond students — regardless of their own social 
class — were more likely to perform well in predominantly middle class 
than in predominantly lower class schools/*' 

The Richmond study also measured the relative importance of indi- 
vidual and school social class for white and Negro students separately. 
It was found that the student environment had a stronger relationship to 
the performance of Negro than white students. White students' per- 

'' Wilson app. C-3 at 182-84. 



243-637 O - 67 - 7 



85 



formance — although still strongly related to the social class level of their 
fellow students — was even more closely related to family background 
than that of Negroes. Wilson concluded : 

. . . the family has much more influence on the achievement of 
white students than Negro students; the latter are more sensitive to 
variation in the school milieu.*^ 

This relationship was assessed on a national scale by the Equality of 
Educational Opportunity survey. Its findings were the same as those 
in the Richmond study. The survey concluded that the "environment 
provided by the student body . . . has its greatest effect on those [stu- 
dents] from educationally deficient backgrounds." *** 

Wilson's study also weighed the effects of the social class composition 
of schools upon the same students over their entire school careers. It was 
found that the influence of individual social class is of great importance 
for student performance in the early elementary grades, and the social 
class composition of schools was of little significance. Over the course of 
the first eight school years, however, the cumulative effect of the social 
class composition of the elementary schools these children attended 
increased sharply. In the eighth grade it was as significant for student 
performance as individual social class.*'' 

This pattern generally is the same when student attitudes are con- 
sidered. The most striking comparison appears when college aspira- 
tions and plans are examined. Figure 4 compares the relationship 
between students' definite plans to attend college and the social class 
composition of their schools.'^" The first set of bars ( 1 and 2) compares 
the proportion of disadvantaged Negro students with definite plans to 
attend college in schools with either low or high social class compositions. 
This comparison shows that their college plans are more frequent in 
schools with a higher social class level. Relatively advantaged Negro 
students in schools of lower social class levels ( 5 and 6 ) , are seen to be 
less likely to plan to attend college than similar students who are in school 
with a majority of more advantaged students. Regardless of their indi- 
vidual social class or race, students are more likely to have definite plans 
to attend college when they are in schools of higher social class 
compositions. 

There is, then, a strong relationship between the attitudes and achieve- 
ment of students and the social class composition of their schools. Dis- 
advantaged students — especially Negroes — are more strongly influenced 
by the student environment than advantaged students. This relation- 
ship grows stronger over time. Although family and school social class 
factors vary in their individual importance at different grade levels, their 
combined influence always is great. 

"Id. at 187. 

" OE Survey 304. 

" Wilson app. C-3, table 21 at 184. 

*" See app. C-1 , table 3.2 at 59. 

86 



Figure 4. Proportion Twelfth Grade Negro and White Students With Definite 
College Plans by Students' Social Class Origin and Social Class Level of the 
School; Metropolitan Northeast 



Percent 



70-- 



60- 



50- 



40-- 



30-- 



20-- 



I0-- 




tS^ 



324 



School Social Class: 


Low High 


Low High 


Low Hi 


Students' Social Class: 


Low 


Medium 


High 




\ 




/ 






\/ 




Race: 




Negro 






Low High Low High Low High 



Low 



Medium High 
White 



Note: The numbers in the bars represent the number of cases. 
Source: USCCR analysis of OE Survey data. See App. C 1. 

The Question of Selection 

The data examined above suggest that the student environment has 
a connection with student performance. They tend to confirm the 
maxim that students learn as much from each other as from their teach- 
ers. Robert J. Havighurst, Professor of Sociology at the University of 
Chicago, in reviewing existing research on this question, recognized the 
problems of attributing cause. He concluded : 



87 



. . . [T]he consensus of students of the sociology and psychology 
of education is that the fact of attending a lower class school does 
have something to do with the lower academic achievement of the 
pupils from that school. ^^ 

Havighurst and others have noted that the relation between school 
social class and student performance may be the result of a selective 
factor.^^ That is, lower class students in predominantly middle class 
schools may be there because their parents, viewing certain schools as 
better, deliberately enrolled their children in those schools. These stu- 
dents would be likely to be more highly motivated and to have ap- 
preciably higher verbal achievement when they entered school. If this 
were true, the connection between student performance and school social 
cla^s would be put in doubt. 

Wilson's study examined this question. Because his research dealt 
with the same students over time, it was possible to consider the problem 
of self -selection. To consider the selective factor, differences in the 
students' first grade verbal achievement were taken into account when 
inspecting the effects of school social class upon later school achieve- 
ment.^^ The study found that there was still a strong effect of school 
social class, apart from the students' early achievement. Wilson con- 
cluded that: 

. . . allowing for variation in primary-grade mental maturity, 
the social class composition of the primary school has the largest 
independent effect upon the sixth grade reading level. ^"^ 

Factors other than selection — in the student's school experience and 
environment — must be involved. 

It is difficult to specify precisely the ways in which the student environ- 
ment affects performance and attitudes. There is a complicated rela- 
tionship between the standards set by the performance and attitudes of 
a student's schoolmates and his own performance and attitudes. It 
seems reasonable to suggest, however, that at least two elements are 
present. 

First, different backgrounds influence what students see as attainable 
goals. A disadvantaged student in school mostly with other disad- 
vantaged students is exposed primarily to youngsters for whom immedi- 
ate work and earnings are the most concrete need. While it may be 
easy for a given student to express his desire for a college education, there 
is little around him which suggests that his own friends and social equals 
regard such a thing to be possible. Since, as they move through the 
grades, students increasingly measure their behavior by the standards set 



^^ Havighurst, op. cit. supra note 44 at 32. 
" Ibid. 

"^See Wilson app. C-3, table 17 at 187. 
''Id. at 187. 



and accepted by their friends and associates, such a student is unUkely to 
follow through on his aspirations for college/^ 

Second, a similar process is probably involved in academic achieve- 
ment. Students from poor backgrounds do not perform as well in 
school — even in the early grades — as more advantaged students. As was 
shown earlier, this performance gap increases as students move to higher 
grades. Students in schools where early and continuing academic diffi- 
culty are typical are likely to suffer from the cumulative disadvantage of 
their classmates. The students provide each other both with academic 
standards and with varying degrees of academic interchange. Where 
the majority of students have low achievement, others will be likely to 
follow suit. 

This was illustrated in testimony by David Jaquith, President of the 
Syracuse Board of Education, at the Commission hearing in Rochester. 
Explaining the positive effects of a transfer of disadvantaged students 
from Madison Junior High School to Levi, a junior high school which 
had a more advantaged student body, he said : 

... at Madison Junior High School, if you cooperated with 
the teacher and did your homework, you were a "kook." 

At Levi Junior High School, if you don't cooperate with the 
teacher and don't do your homework, you are a "kook." Peer 
pressure has tremendous effect on the motivation and motivation 
has a tremendous effect on achievement.^*' 

In summary, there is a strong relationship between student and school 
social class, and performance and attitudes. The social class composi- 
tion of schools is the single most important school factor affecting student 
performance and attitudes. As the Equality of Educational Oppor- 
tunity survey concluded : 

. . . the inequalities imposed on children by their home, neigh- 
borhood, and peer environment are carried along to become the 
inequalities with which they confront adult life at the end of 
school. ^^ 

Social Class and Racial Composition 

Thus far the racial composition of schools has not been taken into 
account. Does it have a relationship to performance which is distinct 
from that associated with the social class composition of schools? 

Research has not yet given clear answers to this question. While 
serious performance differences between predominantly Negro and pre- 



^ See note 36, supra; Alexander and Campbell, "Peer Influences on Adolescent 
Aspirations and Attainments," 29 American Sociological Review 568 ( 1964) . See also 
Wilson app. C-3 at 181. 

^ Rochester Hearing 473-474. 

" OE Survey 325. 

89 



Figure 5. Average Grade Level Performance of Twelfth Grade Negro Sfuderits 
by Individual Social Class Origin, Social Class Level of School and Proportion 
White Classmates Last Year; Metropolitan Northeast 
Average Grade Level 
12 



Legend: Proportion White Classmates 

I I None 

^^ Less than half 

Kii About half 

llllllllll ll llll More than half 



16 



4 5 



2 

1 ■ 



14 

13 M 



9 10 

m 



School Social Class: 



Student's Social Class: 





Note : The numbers in the bars represent the number of cases. 
Source: USCCR analysis of OE Survey data. See App. C 1. 

dominantly white schools are evident, there has been disagreement on 
whether the differences are due entirely to factors associated with the 
social class level of schools or whether racial composition is an important 
additional factor. '^^ 

Figure 5 depicts all three dimensions of the relationship in question. 
Two — the social class level of individual Negro students and the social 
class level of their schools — already have been discussed. The third, 

^ Id. 307-312. See Wilson app. C-3 at 182-187. 



90 



which is depicted here for the first time, is the racial composition of 
classrooms/^ 

Comparisons among the first four bars show that when relatively 
disadvantaged Negro students are in class with a majority of similarly 
disadvantaged white students (4), their performance is higher than 
when they are in a class with a majority of equally disadvantaged Ne- 
groes ( 1 ) . A similar relationship obtains for more advantaged Negro 
students, when those in school with similarly advantaged Negroes (13) 
are compared with those in school with similarly advantaged whites 

(16). 

When disadvantaged Negro students in school with more advantaged 
Negroes are considered (5), there also is a performance improvement. 
Yet only a small proportion of the Negro population is middle class, and 
disadvantaged Negroes generally must attend school with whites if they 
are to be in school with a majority of more advantaged students. The 
combined effects of social class integration and racial desegregation are 
substantial. When disadvantaged Negro students are in class with simi- 
larly situated whites (4) , their average performance is improved by more 
than a full grade level. When they are in class with more advantaged 
white students (8), their performance is improved by more than two 
grade levels. 

These comparisons suggest a relationship between the performance of 
Negro students and the racial composition of classrooms. They do not, 
however, explain it. There are a number of possible explanations. 

First, there may be differences in the quality of education offered in 
majority-Negro and majority-white schools which account for the higher 
average Negro performance in majority-white schools. 

Second, it may be that there is a process of selection involved, whereby 
only initially more able Negro students attend majority-white schools. 

Finally, there may be student environment factors directly connected 
with racial composition which relate to the attitudes and performance of 
Negro students. These possibilities, which are not mutually exclusive, 
will be discussed in succeeding pages. 

School Quality and Student 
Performance 

Performance differences between schools with predominantly Negro 
and predominantly white enrollments often have been attributed to dis- 
parities in the quality of education between such schools. It is certainly 
true that the quaHty of a school's curriculum, the character of its facil- 



^ With the exception of the section on school quahty, all tabulations involving 
racial composition refer to the racial composition of classrooms. For a fuller dis- 
cussion, see app. C-1 at 40-42. 

91 



ities, and the attitudes and qualifications of its teaching and adminis- 
trative staff can affect the attitudes, morale, and performance of students. 

This section, however, is addressed to a more specific problem. Dif- 
ferences in the performance of Negro students have been shown which 
relate to the social class composition of their schools and — additionally — 
to their racial composition. Certain differences in accepted measures 
of school quality also exist between predominantly Negro and predomi- 
nantly white schools. Do existing differences in school quality account 
completely for the performance differences which relate to the social and 
racial composition of schools? 

This section first presents a discussion of those differences in school 
quality which appear to have some relationship to student performance. 
These differences then are compared with the achievement and attitude 
differences which appear to relate to the social class and racial composi- 
tion of schools. In this way it can be determined whether the differences 
in school quality explain the relationship between achievement and the 
racial composition of schools? 

The Extent of Disparities 

Three aspects of the quality of education were mentioned earlier: 
educational facilities, including language and science laboratories; cur- 
riculum, including the presence or absence of specialized study in par- 
ticular subjects ; and the attitudes and qualifications of teachers. 

Facilities 

There are some noticeable differences in the quality of school facilities 
available to Negro and white students in the Nation's metropolitan areas. 
The Equality of Educational Opportunity survey reported that although 
Negro and white children were equally likely to attend schools with 
libraries, whites more often attended schools with more library volumes 
per student.®" White students also were more likely to attend schools 
which had science laboratories.®^ 

Educational Program 

Similar disparities existed in the educational offerings available to 
Negro and white students. The survey reported that whites more often 
were in schools which had advanced courses in particular subjects, such 
as science and language. They also were more likely to be in schools 
with fewer pupils per teacher.®^ In most cities studied by the Commis- 
sion it was found that schools with nearly all-Negro enrollments were 
overcrowded more often than nearly all-white schools. This often re- 

•^ OE Survey 78, table 2.21.13. 

"'Id. at 73, table 2.21.8. 

"^Id. at 70, table 2.21.4; 100, table 2.24.2. 

92 



suited in the establishment of classes in temporary structures — sometimes 
in the basements of churches or other public buildings.*'' 

Teachers 

Teachers are the most important element in the quality of education 
schools offer. The extent of their experience, the quality of their train- 
ing, and their attitudes toward students all are important. 

The survey found no significant national differences in the educational 
attainment, as measured by years of school completed, of teachers in 
majority-Negro and majority-white schools. Negro students, how- 
ever, were exposed less often than white students to teachers whose 
college major was in an academic subject — mathematics, science, or 
literature.^* 

Negro students also were more likely than whites to have teachers 
with lower verbal achievement levels. Part of the survey involved a 
vocabulary test administered to teachers. The results of the test in the 
Metropolitan Northeast, for example, show that in those majority-Negro 
classrooms included in the sample almost none of the 12th grade students 
had faculties which scored in the highest range of this test."" Commis- 
sion studies in various cities resulted in an analogous finding. In those 
cities which administered teacher examinations, such as St. Louis, At- 
lanta, and Philadelphia, the faculties of nearly all-Negro schools had 
lower average test scores than faculties in all-white schools.'^'' 

Nationally the survey found that Negro and white students had equally 
experienced teachers. Differences were revealed, however, in Commis- 
sion investigations in specific cities. In Oakland, for example, more 
probationary teachers were found in nearly all-Negro schools than in 
nearly all-white schools.''^ In Philadelphia, a greater proportion of sub- 
stitute teachers was found in nearly all-Negro schools.''^ In some 
cities — such as Boston and Milwaukee — there has been higher teacher 



** For example, nearly half of the majority-Negro schools in Philadelphia in the 
1965-66 school year were overcrowded (i.e., the average percentage enrollment of 
capacity exceeded 109%). Approximately one third of Philadelphia's nearly all- 
white schools were similarly overcrowded. {Philadelphia Study, app. A-3) ; in 
Cleveland, Ohio, between 1957 and 1964, 95 percent of all units rented to relieve 
overcrowding were at nearly all-Negro schools. (Cleveland Study, Section Ba). 
In the 1965-66 school year a greater proportion of mobile units in Chicago were in 
use in Negro schools. Of all mobile units used in that school year, 68% were at 
nearly all-Negro schools while only 20% were at nearly all-white schools. (Informa- 
tion obtained from the U. S. Office of Education) . 

"' OE Survey 140, table 2.33.8. 

"See app. C-1 , table 7.18 at 121. 

"* Atlanta Study 66, table 18; 41; Philadelphia Study, Part III B; Reisner, Equal- 
ity of Education Opportunity in St. Louis at 48, 54 (unpublished report to the U.S. 
Office of Education, July, 1965). 

°' About one third of all Oakland teachers are probationary — i.e., have taught less 
than three years. There is a higher proportion of probationary teachers in elementary 
schools with higher Negro enrollment. Oakland Study 70. 

^ Philadelphia Study, Part III B.2.b., table 13. 

93 



turnover in schools with increasing Negro enrollment than in nearly all- 
white schools.*^^ 

Marked national differences in teachers' attitudes about remaining in 
their present schools were found in the survey. Negro students were 
more likely than whites to have teachers who preferred not to remain in 
their present school/" One writer has commented: "... in many 
cities across the country the depressed areas have been the 'Siberias' of 
the local school system . . ." ^^ 

On the other hand, Negro students more often than whites had teach- 
ers who said they preferred to teach children from a variety of social 
backgrounds and their teachers more often expressed liberal racial 
attitudes." 

School Quality and Social Class Composition of Schools 

Do such differences in the quality of education available to Negro 
and white children explain the relationship reported earlier between the 
social class composition of schools and student performance? 

Two composite measures of educational quality were devised to ex- 
amine this question. The use of composite measures makes it possible 
to take into account simultaneously those school quality differences 
which show some general relation to achievement. Each composite meas- 
ure permits comparison of student achievement and attitudes in schools 
which have high or low levels of the educational quality being measured. 
One relates to school facilities and educational program and the other 
deals only with teacher qualifications and attitudes." 

Facilities and Curriculum 

Table 1 depicts the achievement of disadvantaged Negro students, the 
social class level of their schools, and variations in the quality of educa- 
tional program and facilities in their schools.^^ It thus permits an assess- 
ment of the relationship between differences in school quaUty and student 

** ". . . As the percentage of non-white pupils increases, there is a general increase in 
teacher turnover rates." Milwaukee Study Part Ill.b. at 2—3. 

". . . There is a high degree of relatedness between the frequency of staff change 
and the degree to which a school has a high non-white enrollment." Boston Study, 
"Staff Quality and School Quality: Selected Characteristics" at 2. 

'•" OE Survey 156, table 2.34.8. 

^Ravitz, op. cit. supra note 24 at 19. 

" OE Survey 168, table 2.35.2. 

'" The index of school facilities and curriculum is composed of the following meas- 
ures: science laboratories, comprehensiveness of curriculum, and extracurricular 
activities. For further details see app. C-1 , sec. 1.5 at 43-44. 

The index of teacher qualifications is composed of the following teacher measures: 
educational level, type of college major, desire to continue teaching in current school, 
and years teaching experience. For further details see app. C-1, sec. 1.5 at 44-46. 

" See app. C-1, table 7.4 at 107. 



94 



Table 1. — School Qttality, Stfdent Performance, and the Social Class 
Composition of Schools. (Average verbal achievement test scores, 12th grade, 
by school quality index, parents' education, and school average of parents' education, 
expressed in grade level equivalents; Metropolitan Northeast) 



Individual's parents' educa- 
tion (social class of students) 


School average: Parents' education 
(social class level of school) 


School quality index 


Achieve- 
ment level 
I 


Less than high school 
(low). 


Less than high school 
graduate (low). 


Low 

Medium 

High 


7.4 

7.8 
8.2 


High school graduate or 
more (medium to high). 


Low 

Medium 

High 


8. 5 

8. 6 

9. 2 



Source: USCCR analysis of OE Survey data. See App. CI. 

achievement. When column I is read down, it is seen that there are 
some variations in students achievement which relate to variations in 
the quality of educational facilities and programs. 

The table also shows that improvements in the achievement of dis- 
advantaged Negro students when in school with a majority of advan- 
taged students was not explained by variations in school facilities and 
curriculum. This suggests that performance variations associated with 
differences in the social class composition of schools are distinct from 
variations in school facilities and curriculum. Yet the magnitude of the 
differences must be remembered. Present differences in school curricu- 
lum and facilities in metropolitan areas are noticeable, but not massive. 
This analysis only weighs existing differences in school quality. 

Teachers 

Consistent differences also appear when the social class background, 
qualifications, and attitudes of teachers are considered. Table 2 weighs 
the relationship between differences in teacher quality and student 
achievement. It also permits comparison of these differences with those 
associated with variations in the social class composition of schools. 

Table 2. — Teacher Quality, Student Performance, and the Social Class 
CoMPOstTTON of SCHOOLS. (Average grade level perfonnance of low-social-class 
12th grade Negroes, social-class level of the school and teacher quality; Metro- 
politan Northeast) 



Individual's parents' education 
(social class of students) 


School average: parents' 

education 

(social class level of school) 


Teacher average : 
Index 


Grade level 
performance 


Less than high school 
graduate. 

(low) 


(A) Less than high 
school graduate, 
(low) 


(1) Low 

(2) High 


7. 7 

8. 1 




(B) High school grad- 
uate or more, 
(medium to high) 


(1) Low 

(2) High 


8.6 

8.9 



Source : U'SCCR analysis of OE Survey data. See App. 01. 



95 



The table shows that differences in the qualifications and attitudes 
of teachers have a regular relationship to student performance. Con- 
sider, for example, the first row (A) which depicts disadvantaged Negro 
students in schools with a majority of other disadvantaged students. 
When such students have less qualified teachers ( 1 ) , they do less well 
than when their teachers are more qualified (2). The same relation- 
ship holds when disadvantaged Negro students are in schools with a ma- 
jority of advantaged students (B). At each school social class level, 
students with more qualified teachers perform at higher levels than those 
with less qualified teachers. 

When the variations in teacher quality are held constant, however, 
differences associated with school social class still appear. Compare, 
for example, disadvantaged Negro students with equally well qualified 
teachers, in school either with a majority of disadvantaged students ( A2 ) , 
or a majority of more advantaged students (B2). Those with a more 
advantaged student body perform at a higher level. 

An even more severe comparison of teacher quality and school social 
class is possible. A comparison of rows A2 and Bl weighs improved 
teacher quality in majority-disadvantaged schools against improved so- 
cial class in schools with poorer teachers. The effects of school social 
class outweigh those of teacher quality. 

There is, then, a pronounced relationship between the qualifications 
of teachers and the performance of students. It appears to be consistent 
for Negro students of all social class levels in schools of different social 
class compositions. The relationship between teacher quaUfications and 
student performance, however, is not as consistently strong as the rela- 
tionship between student performance and the social class composition 
of schools. Although teacher quality is important, when taken into 
account it does not alter the significance of the relationship between the 
social class composition of schools and the achievement of Negro students. 

School Quality and Racial Composition 

The remaining question is whether, when the racial comp>osition of 
schools is taken into account, the results differ from those related to 
social class. 

When facilities and curriculum were considered, they showed a limited 
association with student achievement in schools of differing racial com- 
positions.'^ When teacher quality is considered, however, there are 
relationships with student performance which vary with the racial compo- 
sition of classrooms. 

" Ibid. 
96 



The performance of disadvantaged Negro children in majority-Negro 
classrooms is analyzed in Table 3.'*' When column I is read down it is 
possible to compare the relationship between different levels of teacher 
quality and the verbal achievement of disadvantaged Negro students. 
In row A they are in classes with a majority of similarly disadvantaged 
Negro students and in row B with a majority of more advantaged Negro 
students. The comparison in row A shows that higher teacher quality 
is associated with improvements in student performance in classes with 
a majority of disadvantaged Negro students. 

Table 3. — Teacher Quality and Student Peefokmance in Majority-Negro 
Schools. {Average achievement in grade levels of loicer social class 12th 
grade Negro students in majority-Negro schools, hij teacher quality and school 
social class; Metropolitan Northeast) 



Individual's parents' 

education (social class 

of students) 


School average: Parents' education 
(social class level of school) 


Teacher average: 
Index 


Achievement 

level 

I 


Less than high 
school (low) 


(A) Less than high school 
graduate. 

(low) 


(1) Low 

(2) High 


7.3 
7.7 




(B) High school graduate or 
more. 

(medium to high) 


(1) Low 

(2) High 


7.8 
S. 6 



Source : USCCR analjsis of OE Survey data. See App. CI. 



A comparison of row A2 with Bl indicates that having highly qualified 
teachers or attending school with more advantaged Negroes may be of 
about equal importance to disadvantaged children. Children lag se- 
verely when both factors are missing. When either factor is present, chil- 
dren perform better. When both factors are present, children perform 
at an even higher level. The distinct effects of teacher quality and social 
class compositions reported in the earlier consideration of social class, 
then, hold in majority-Negro schools. 

When more advantaged Negro students are considered, there also is 
a relationship between teacher quality and student performance. Yet 
for these students the effect of social class composition is even greater 
than the effect of teacher quality.^" 

Do similar results exist in majority-white schools? Table 4 presents 
the same comparisons, except that the schools in this case are majority- 
white.'® Reading down column I reveals that the student achievement 
differences associated with variations in teacher quality are virtually non- 
existent in four of the six comparisons (A, B, C, and D) . This suggests 
that improvements in teacher quality have less relation to the perform- 



"See app. C-1 , table 7.16 at 119. 

" Ibid. 

'"See App. CI, Table 7.16 at 119. 



97 



ance of Negro students in majority-white schools than they do in ma- 
jority-Negro schools.^" 

The effect of differences in the social class level of schools does not 
change when the racial composition of schools varies. The effect of 
differences in teacher quality varies, however, and is smaller for Negro 
students in majority-white than majority-Negro schools. 

What is the relative importance of teacher quality and racial com- 
position? Table 5 provides direct comparison of these for disadvantaged 
Negro students.®" Reading across rows Al and 2 and Bl and 2 reveals 
that at each level of teacher quality and school social class, the perform- 

Table 4. — Teacher Quality and Student Performance in Majoritt-White 
Schools. — {Average achievement in grade levels of 12th grade Negro student in major- 
ity-white schools, by teacher quality, individual social class, and school social class; 
Metropolitan Northeast) 



Individual's parents' 

education 

(social class of 

students) 


School average: Parents' education 
(social class level of school) 


Teacher average: 
Index 


.Achievement 
level 

I 


Less than high 
school, 
(low) 


(A) Less than high school 
graduate, (low) 

(B) High school graduate or 
more, (medium to high) 


(1) Low 

(2) High 

(1) Low 

(2) High 


8.5 
8.6 
9. 5 
9.5 


High school 
graduate, 
(medium) 


(C) Less than high school 
graduate, (low) 

(D) High school graduate or 
more, (medium to high) 


(1) Low 

(2) High 

(1) Low 

(2) High 


8.5 

8.6 

10.0 

9.7 


More than high 
school 
graduate, 
(high) 


(E) Less than high school 
graduate, (low) 

(F) High school graduate or 
more, (medium to high) 


(1) Low 

(2) High 

(1) Low 

(2) High 


9. 1 
10.7 
11. 4 
11.9 



Source: USCCR analysis of OE Survey d&ta.. See App. CI. 

Table 5. — Teacher Quality and Student Performance in Majority-White 
AND Majority-Negro Schools. — (Average achievement in grade levels of low social 
class 12th grade Negroes by school social class, teacher quality, and racial compo- 
sition of schools ; Metropolitan Northeast) 



Individual's parents' 


School average: Parents' 

education 

(social class level of school) 


Teacher average: • 
Index 


Proportion white 
classmates 


education 

(social class of 

students) 


Less than 
half 

I 


More than 
half 

II 


Less than high 
school, 
(low) 


(A) Less than high 
school graduate, 
(low) 


(1) Low 

(2) High 


7. 3 

7.7 


8.5 
8.6 




(B) High school graduate. 
(medium to high) 


(1) Low 

(2) High 


7.8 
8.6 


9.5 
9. 5 



Source : USCCR analysis of OE Survey data. See App. CI. 



It might be suggested that this is related to Negro students' greater sensitivity 
to student body characteristics, as opposed to teacher characteristics. See OE Survey 
302. 

'" See app. C-1 , table, 7.16 at 1 19. 

98 



ance of Negro students Is substantially higher in majority-white (column 
II) than majority-Negro (column I) schools. 

A more refined comparison of the relative importance of teacher 
quality and racial composition is possible. Consider disadvantaged 
Negro students in schools with poorer teachers and a majority of equally 
disadvantaged white students (row Al, column II). They perform at 
a higher level than similarly disadvantaged Negro students in school 
with better teachers and a majority of equally disadvantaged Negroes 
(row A2, column I). The same comparison holds (row B) when the 
disadvantaged Negro students are in schools with more advantaged 
children. 

The relative strength of racial composition also was found to be at 
least as great for more advantaged Negro students.^"* Although teacher 
quality has a consistent relationship to student achievement in majority- 
Negro schools, it is equally consistently outweighed by the effect of being 
in majority-white schools. 

Teachers affect more than their students' verbal achievement. Their 
attitudes, and the standards they set for students also are likely to be re- 
lated to their students' attitudes and aspirations. Other studies have 
highlighted the effect of teacher expectations on student performance. 
In one study, teachers were told that certain students, who actually had 
been selected at random, had especially high ability. As a result, their 
own expectations for these students rose and the students' performance 
improved markedly.^^ It seems likely that a similar relationship exists 
for student attitudes. Indeed, some studies suggest that students tend 
to adjust to what they perceive their teachers' expectations to be and to 
aspire and perform accordingly. ®- 

Similar relationships were found in the Commission's further analysis 
of data from the Equality of Educational Opportunity survey. When 
the relationship between teacher qualifications and attitudes was tested 
against student aspirations, results similar to those obtained in the analysis 
of student achievement were found. ^^ The clearest relationships were 
found between teachers' education and students' college plans.^^ Negro 
students in majority-Negro schools who have more highly educated 
teachers more frequently have definite plans to attend college. 

This association, however, is weakened in majority-white schools. 
Differences in teacher qualifications are not as closely related to the fre- 
quency with which Negro students in such schools report definite college 
plans. Yet Negro students in these schools are more likely to have 

^■■' Ibid. 

^ Rosenthal, Experimenter Effects in Behavioral Research 41 1 ( 1966) . This effect 
was clear only in primary grades. 

^" Davidson and Lang, "Children's Perceptions of Their Teachers' Feelings Toward 
Them Related to Self-Perception, School Achievement, and Behavior," 29 Journal of 
Experimental Education 107 (1960); See also: Boston Hearing at 98 (Testimony 
of Mrs. Joyce Johnson) . 

''See app. C-1 , table 7.23-7.30 at 126-33. 

''Id. tables 7.23 and 7.24 at 126-127. 

99 



definite college plans than similar situated students in majority-Negro 
schools, regardless of the quality of their teachers. Thus the advantages 
of having more highly qualified teachers seem to be outweighed by the 
advantage of attending majority-white schools. 

It must be noted again that this analysis deals only with existing vari- 
ations in teacher quality. It cannot assess the potential effects upon 
Negro students of improved teacher quality and teaching techniques. 

It seems clear, however, that the performance of Negro students is 
distinctly less related to differences in the quaUty of schools and teachers 
than the social class and racial composition of their schools. This fur- 
ther reinforces the conclusion that the quality of education presently 
provided in schools does little to reverse the inequalities imposed upon 
children by factors within and outside the schools. The analysis thus 
suggests that changes in the social class or racial composition of schools 
would have a greater effect upon student achievement and attitudes than 
changes in school quality.^^^ 

Racial Composition and Student 
Performance 

In the preceding sections it has been shown that there is a relationship 
between the social class composition of schools and student performance 
which is distinct from the relationship between school quality and student 
performance. A relationship has been shown, too, between student per- 
formance and the racial composition of schools which also apparently 
is distinct from considerations either of school social class or school 
quality. 

Two questions remain. First, does the higher performance of Negro 
children in majority-white schools result from a process of selection — the 
fact that they initially were more able students? 

Second, if this is not the case, what does account for the performance 
differences between Negro students in majority-white and majority- 
Negro schools? 

Selection 

Wilson examined the question of selection in his study of Richmond 
students. Since the students' early elementary achievement was known, 
it was possible to determine whether the Negro students in majority- 
white schools initially were more able. When Wilson examined this 
question he found that: 

The Negro students who attended integrated schools had higher 
mental maturity test scores in their primary grades, and came from 
homes better provided with educative materials.^^ 



1 



"••' OE Survey 325. 

"^See Wilson app. C-3 at 185. 



100 



A related question, then, was whether the racial composition of the 
majority-white schools had an effect on the academic performance of the 
Negro children, in addition to their initial greater ability. When the early 
elementary achievement of these students was held constant, Wilson 
found that "the racial composition of schools, while tending to favor 
Negro students in integrated schools, does not have a substantial effect." ^^ 
There was, however, still a strong effect of the social class composition 
of their schools.^^ 

Yet if the Richmond Negro students who were in majority-white 
schools were initially more able, this still leaves open the question of the ef- 
fects of majority- white schools on the performance of a broader range of 
Negro students, many of whom probably were not initially more able. 
Because of the small size of the sample, Wilson could not examine this 
question fully. 

The Commission did examine the question — in further analysis of the 
survey data — with a larger sample of students. To determine whether 
the racial composition of schools had an effect upon the performance of 
a range of students, the achievement of less able Negro students in schools 
of different racial compositions was analyzed. 

First, the performance of Negro students in different ability groups 
was studied. It is unlikely that Negro students in low ability groups 
uniformly would have been more able students earlier in school. ^^ 

The results of this analysis are summarized in Table 6.^^ It shows the 
verbal achievement levels of disadvantaged ninth grade Negro students, 
in low ability groups, in majority-white schools, in classrooms of different 
racial compositions. When row 1 is read across it is seen that there is 
relationship between verbal achievement and having a majority of white 
classmates. When row 2 is read, a similar but more pronounced rela- 
tionship exists. When the columns are read down a marked relationship 
to social class composition is seen. 

Table 6. — Achievement of Negro Students in Low and Medium Ability 
Groups. (Average verbal achievement in grade levels of 9th grade Negro students, in 
majority-white schools in low and medium ability groups; Metropolitan Northeast) 



Individual's parents' education 


School average parents' education 
(social class level of school) 


Percent white in classroom 


(social class of students) 


Less than 
half 


More than 
half 


Less than high school 
graduate. 

(low) 


(1) Less than high school 

(low) 

(2) High school or more 

(medium to high) 


5.8 
6.3 


6.2 
7.0 



Source : USCCR analysis of OE Survey data. See App. CI. 



""Id. at 186. 

" Ibid. 

'* For a full discussion, see App. C-1 , sec. 1.2 at 37. 

"^App. C-1, table 5.6 at 91. 



243-637 O - 67 - 8 



101 



The achievement of a broad range of Negro students also can be exam- 
ined by holding the average verbal achievement of their schools constant, 
while the relationship between student achievement and racial com- 
position is assessed. The social class of individual students also is taken 
into account. Table 7 depicts the results for disadvantaged Negro 
students.^" When row 1 is read across, it is seen that the achievement of 
disadvantaged Negro students in the lowest achieving schools increases 
in majority-white classrooms. The trend grows stronger as the average 
achievement level of the school rises. 

Table 7. — Negro Students' Achievement Controlling for School Average 
Achievement. (Average verbal achievement in grade levels for 9th grade Negro 
students by parents' education, average of school's verbal achievement scores, 
and proportion white classmates; for Metropolitan Northeast) 



Individual's parents' education 


School environ- 
ment: school 

average verbal 
achievement 


Proportion white classmates 


(social class of students) 


None 


Less than 
half 


About half 
or more 


Less than high school 

(low) 


(1) 8. 0- 9. 3 

(2) 9. 4-10. 8 

(3) 11.0 


5. 5 

6. 3 
6. 3 


6. 1 
6.6 
6. 1 


5.9 
6.7 

7. 4 



Source : USCCR analysis of OE Survey data. See App. CI. 

Another approach to the problem was taken in a study prepared for 
the Commission by David J. Armor, Assistant Professor of Sociology at 
Harvard University. Armor further analyzed the Office of Education 
survey data to examine more closely the relationship between college 
aspirations and the racial composition of schools. His study sought to 
determine whether the higher college aspirations of Negro students in 
majority-white schools could be accounted for solely by their higher 
academic achievement. If they uniformly were more able then it might 
be argued that it was not the racial composition of the school, but their 
achievement which influenced the aspiration differences. 

Armor thus dealt separately with the most academically able Negro 
male students, and weighed the relationship between racial composition 
of their classrooms and their college plans. The study focused on stu- 
dents whose verbal achievement was above the median for the region 
and who had "A" and "B" grades in school. 

Armor found no consistent relationship between student aspirations 
and the racial composition of schools for advantaged Negro students. 
When he considered disadvantaged students of high ability, however. 
Armor concluded : 

. . . [I]t is the qualified, bright student from a lower class back- 
ground . . . who is most aided by integration (or, conversely, hurt 
most by segregation) . In a sense, he is the one for whom the most 
help is required. . . . For the able middle class Negro in a better 



Id. table 4.13 at 82. The school average achievement includes all students. 



102 



school, there is not as much effect due to integration. But do these 
students need the help? ... 85 percent are already planning 
college . . . how much improvement do they need? 

Clearly, the effects of integration have been shown to help those 
with the greatest need for a boost. . . .^'^ 

The analysis suggests that selectivity does not entirely account for the 
relationship between the racial composition of schools and the achieve- 
ment and aspirations of Negro students. 

The Racially Isolated School 

What is it, then, about the racially isolated school which seems to 
result in the poorer achievement of many Negro students? And con- 
versely, what factors in the majority- white school account for the more 
positive attitudes and higher achievement of Negro students? 

Negro students often come to school with attitudes and experiences 
which bear upon their performance in school. Like all children they 
become aware of racial differences at an early age. Young Negro chil- 
dren, however, often tend to reject their own skin color, and to have 
problems of self-esteem.^- Kenneth Morland, Chairman of the Depart- 
ment of Sociology and Anthropology at Randolph-Macon College, has 
written : 

In a sense, American society educates for prejudice. Studies 
in both Northern and Southern communities . . . show that 
Negro as well as white children develop a bias for the white race 
at an early age. This bias is indicated by both a preference for 
and an identification with whites rather than with Negroes.^^ 

There is reason to believe that the racial comjxjsition of schools can 
serve either to overcome or to compound these problems of low self- 
esteem.*'* For example, Calvin Brooks, during his testimony at the Cleve- 

"See Armor app. C-2 at 146. 

°" For summaries and interpretation of studies and literature on low self-esteem 
among Negroes see: Vontress, "The Negro Personality Reconsidered," 35 Journal of 
Negro Education 210 (1966); Ausubel and Ausubel, "Ego Development Among 
Segregated Negro Children" in Education in Depressed Areas 109 (Passow cd. 1963) ; 
Karon, The Negro Personality ( 1958) ; 20 Journal of Social Issues [The Negro Amer- 
ican Personality, spec, issue] (Pettigrew and Thompson ed. April, 1964). 

*^ Morland, "The Development of Racial Bias in Young Children," 2 Theory Into 
Practice 120 (1963). In another study, Morland found that Negro nursery school 
children attending segregated schools in Lynchburg, Virginia, tended to identify 
themselves as white rather than Negro. "Racial Self-Identification : A Study of 
Nursery School Children," 24 The American Catholic Sociological Review 231 (Fall, 
1963). In a later study, Morland compared two groups of children, one from Lynch- 
burg, Virginia, and the other from Boston, Massachusetts. He found that both groups 
of Negroes manifested a bias for whites. Morland, "A Comparison of Race Aware- 
ness in Northern and Southern Children," 36 American Journal of Orthopsychiatry 
22 (January, 1966). This bias toward whites does not appear to be a regional 
phenomenon. 

** Clark, "Educational Stimulation of Racially Disadvantaged Children" in Edu- 
cation in Depressed Areas (Passow ed. 1963). 

103 



land hearing, described the environment at his school and its effects upon 

the students : 

... it had an effect because they were there and all they saw were 
Negroes and they were raised in an environment of poverty and the 
building was old and it had an effect I don't know of — of hopeless- 
ness. They didn't think that they could do anything because 
their fathers had common labor jobs and they didn't think they 
could ever get any higher and they didn't work, some of them.^'^ 

In part, the relationship between racially isolated schools and poor 
performance and low self-esteem is based upon the fact that predomi- 
nantly Negro schools are generally regarded as inferior by the community. 
James Allen, Commissioner of Education for the State of New York, 
pointed out at the Commission hearing in Rochester that : 

. . . the all-Negro schools . . . are looked upon by the com- 
munity as being poor schools. . . . No matter what you do to 
try to make them better, in the minds of most white people in these 
communities, they are poor schools.'"' 

At other Commission hearings parents and teachers often testified that 
predominantly Negro schools are stigmatized institutions. Dr. Charles 
Pinderhughes, a psychiatrist who testified at the Boston hearing, said that 
"the Negro school carries with it a stigma that influences the attitudes both 
on the part of outsiders and on the part of parents, students, and teach- 
ers . . .".^^ Dr. John Fischer, President of Teachers College at Columbia 
University, has written of the 

. . . unfortunate psychological effect upon a child of member- 
ship in a school where every pupil knows that, regardless of his 
personal attainments, the group with which he is identified is 
viewed as less able, less successful, and less acceptable than the 
majority of the community.''^ 

The impact of negative community attitudes upon children was illus- 
trated at the Commission hearing in Cleveland where a teacher at an 
all-Negro high school was asked about a student exchange between his 
school and an all-white suburban high school. He explained how his 
students felt about themselves and the school after the exchange : 

... I think the reaction is somewhat illuminating as one of my 
students in one of my classes said last year, "Well, it was nice of 
them to come down to the zoo to see us." ''^ 

Community attitudes toward schools which identify them as inferior 
also are recognized by their teaching and administrative staff. Testimony 
at Commission hearings tended to confirm the conclusions of some re- 

^ Cleveland Hearing at 283. 
^ Rochester Hearing at 420. 
"^ Boston Hearing at 139. 
°' John H. Fischer, "Race and Reconcilation: The Role of the School," 95 Daedalus 
26 (Winter, 1966). 

°" Cleveland Hearing at 308 (Testimony of Charles Bohi). 

104 



searchers that teachers in racially isolated schools recognize the stigma 
of inferiority which is attached to their schools. At the Cleveland hear- 
ing, one teacher, asked how he felt when he was informed that he had 
been assigned to a school that was 95 percent Negro, replied : 

Well, I think I was a little bit disappointed personally. I 
knew . . . that any time a school is predominantly Negro . . . 
that there is a stigma that goes with it, that it just can't be first class. 
I not only feel that this is true in the minds of Negroes, but also in 
the minds of most whites.^"" 

There is evidence that this affects the attitudes and performance of 
many teachers in majority-Negro schools. At the Commission hearing 
in Rochester, Franklyn Barry, Superintendent of Schools in Syracuse, 
N.Y., testified that in such schools teachers often "average down" their 
expectations of the students."^ A study of schools in Harlem discussed 
the low teacher expectations there, and concluded that : 

The atmosphere stemming from such expectations cannot be 
conducive to good teaching, and is manifest in friction between 
teachers, abdication of teaching responsibilities . . . [and] a con- 
cern with discipline rather than learning . . ."^ 

This is consistent with data from the Equality of Educational Oppor- 
tunity survey which noted that Negro students were more likely to have 
teachers who did not want to remain in their present school. Their 
teachers also were more likely to feel that other teachers regarded their 
school as a poor one.^°^ 

Conversely the student environment in desegregated schools can offer 
substantial support for high achievement and aspirations.^"* The ma- 
jority of the children in such schools do not have problems of self-confi- 
dence due to race and the schools are not stigmatized as inferior. The 
students are likely to assume that they will succeed in school and in their 
future careers, for the school reflects the mainstream of American society. 
The environment in such schools is well endowed with models of aca- 
demic and occupational success. For Negro children, desegregated 
schools may pose problems of racial identification.^"^ But they also offer 
association with other students who see a clear connection between their 
education and later careers with no contradictions or serious doubts. 
High aspirations held by Negro students in such schools are more likely 
to be supported by the similar aspirations of their schoolmates.^"^^ 

^°*' Cleveland Hearing at 302 (Testimony of Ulysses Van Spiva). 

"*^ Rochester Hearing at 468. 

^"^ Harlem Youth Opportunities Unlimited, Inc., op. cit. supra note 42 at 239. 

'"^ OE Survey 154, table 2.34.6. 

'°* This discussion includes influence of desegrated schools in which there is a rela- 
tive absence of tension. For further discussion, see app. C-1 at 42-43. 

'*' For a general discussion of problems of identity, see, e.g., Erikson, "A Memo- 
randum on Identity and Negro Youth," 20 Journal of Social Issues 29 (October, 
1964) ; Lesser et. al., "Some EflPects of Segregation and Desegregation in the Schools," 
Integrated Education 20 (June-July, 1964). 

^"^^ It may also be that there is a greater challenge to Negro students in desegregated 
schools. 

105 



land hearing, described the environment at his school and its effects upon 
the students : 

... it had an effect because they were there and all they saw were 
Negroes and they were raised in an environment of poverty and the 
building was old and it had an effect I don't know of — of hopeless- 
ness. They didn't think that they could do anything because 
their fathers had common labor jobs and they didn't think they 
could ever get any higher and they didn't work, some of them.^^ 

In part, the relationship between racially isolated schools and poor 
performance and low self-esteem is based upon the fact that predomi- 
nantly Negro schools are generally regarded as inferior by the community. 
James Allen, Commissioner of Education for the State of New York, 
pointed out at the Commission hearing in Rochester that : 

. . . the all-Negro schools . . . are looked upon by the com- 
munity as being poor schools. . . . No matter what you do to 
try to make them better, in the minds of most white people in these 
communities, they are poor schools. ^^ 

At other Commission hearings parents and teachers often testified that 
predominantly Negro schools are stigmatized institutions. Dr. Charles 
Pinderhughes, a psychiatrist who testified at the Boston hearing, said that 
"the Negro school carries with it a stigma that influences the attitudes both 
on the part of outsiders and on the part of parents, students, and teach- 
ers . . .".^^ Dr. John Fischer, President of Teachers College at Columbia 
University, has written of the 

. . . unfortunate psychological effect upon a child of member- 
ship in a school where every pupil knows that, regardless of his 
personal attainments, the group with which he is identified is 
viewed as less able, less successful, and less acceptable than the 
majority of the community.''^ 

The impact of negative community attitudes upon children was illus- 
trated at the Commission hearing in Cleveland where a teacher at an 
all-Negro high school was asked about a student exchange between his 
school and an all-white suburban high school. He explained how his 
students felt about themselves and the school after the exchange : 

... I think the reaction is somewhat illuminating as one of my 
students in one of my classes said last year, "Well, it was nice of 
them to come down to the zoo to see us." ^" 

Community attitudes toward schools which identify them as inferior 
also are recognized by their teaching and administrative staff. Testimony 
at Commission hearings tended to confirm the conclusions of some re- 

^ Cleveland Hearing at 283. 
^ Rochester Hearing at 420. 
" Boston Hearing at 139. 

"^ John H. Fischer, "Race and Reconcilation : The Role of the School," 95 Daedalus 
26 (Winter, 1966). 

^ Cleveland Hearing at 308 (Testimony of Charles Bohi). 

104 



searchers that teachers in racially isolated schools recognize the stigma 
of inferiority which is attached to their schools. At the Cleveland hear- 
ing, one teacher, asked how he felt when he was informed that he had 
been assigned to a school that was 95 percent Negro, replied : 

Well, I think I was a little bit disappointed personally. I 
knew . . . that any time a school is predominantly Negro . . . 
that there is a stigma that goes with it, that it just can't be first class. 
I not only feel that this is true in the minds of Negroes, but also in 
the minds of most whites. ^°° 

There is evidence that this affects the attitudes and performance of 
many teachers in majority-Negro schools. At the Commission hearing 
in Rochester, Franklyn Barry, Superintendent of Schools in Syracuse, 
N.Y., testified that in such schools teachers often "average down" their 
expectations of the students.^°^ A study of schools in Harlem discussed 
the low teacher expectations there, and concluded that : 

The atmosphere stemming from such expectations cannot be 
conducive to good teaching, and is manifest in friction between 
teachers, abdication of teaching responsibilities . . . [and] a con- 
cern with discipline rather than learning . . .^°^ 

This is consistent with data from the Equality of Educational Oppor- 
tunity survey which noted that Negro students were more likely to have 
teachers who did not want to remain in their present school. Their 
teachers also were more likely to feel that other teachers regarded their 
school as a poor one.^"^ 

Conversely the student environment in desegregated schools can offer 
substantial support for high achievement and aspirations. ^°* The ma- 
jority of the children in such schools do not have problems of self-confi- 
dence due to race and the schools are not stigmatized as inferior. The 
students are likely to assume that they will succeed in school and in their 
future careers, for the school reflects the mainstream of American society. 
The environment in such schools is well endowed with models of aca- 
demic and occupational success. For Negro children, desegregated 
schools may pose problems of racial identification."^ But they also offer 
association with other students who see a clear connection between their 
education and later careers with no contradictions or serious doubts. 
High aspirations held by Negro students in such schools are more likely 
to be supported by the similar aspirations of their schoolmates."^^ 

^'^ Cleveland Hearing at 302 (Testimony of Ulysses Van Spiva). 

'"^ Rochester Hearing at 468. 

"" Harlem Youth Opportunities Unlimited, Inc., op. cit. supra note 42 at 239. 

'•" OE Survey 154, table 2.34.6. 

^°* This discussion includes influence of desegrated schools in which there is a rela- 
tive absence of tension. For further discussion, see app. C-1 at 42-43. 

'*" For a general discussion of problems of identity, see, e.g., Erikson, "A Memo- 
randum on Identity and Negro Youth," 20 Journal of Social Issues 29 (October, 
1964) ; Lesser et. al., "Some EflFects of Segregation and Desegregation in the Schools," 
Integrated Education 20 (June-July, 1964). 

^'^^ It may also be that there is a greater challenge to Negro students in desegregated 
schools. 

105 



ground or the social class level of their classmates. Disadvantaged Negro 
children generally perform at higher levels if they have been in school with 
whites for some time, regardless of the present social class level of their 
classmates. They perform at even higher levels if, instead of simply being 
in schools with whites whose family background is the same as theirs, 
they are in schools where the students are from families of higher educa- 
tional background. 

The cumulative eflfect on attitudes is similar. Negro students who have 
had contact with whites since the early elementary grades are more likely 
to feel able to affect their own destiny than those who have not had that 
experience."" 

Both the academic performance and attitudes of Negro students, then, 
are affected by the duration of their school contact with whites. Stu- 
dents whose first contact with whites was late in elementary or early 
in secondary schools are at a distinct disadvantage when compared with 
Negroes who have had school contact with whites since the early grades. 

Income and Occupation 

The cumulative effects of education extend in later life to differences in 
income and occupation. Negroes with levels of education similar to 
whites do not earn similar amounts of money or hold similar jobs. These 
differences have been attributed both to employment discrimination and 
the quahty of education.^" The racial composition of schools, however, 
has not been taken into account in these comparisons. When they are, 
important differences appear. 

A national survey of Negro and white adults conducted for the Com- 
mission shows that for both Negroes and whites, levels of personal income 
rise with levels of education."- As Table 8 shows, Negro adults who at- 

Table 8. — Income levels: Percent of Negroes earning over $6,500 per year {median 

income of the sample) 



Education Desegregated Isolated school 



Some high school 42.3 36.6 

High school graduate 62. 8 52. 8 

College 75.5 77.3 

Source : NORC Survey. 




""/rf., table 3.5 at 62. 

^^ See, e.g., Council of Economic Advisors, ".\nnual Report" in Economic Report 
of the President 107 (1966); U.S. Dept. of Labor, Report on Manpower Require- 
ments, Resources, Utilization and Training 36 (1965); Harrington, The Other 
America 61-81 (1963). 

"" For a description of this survey see app. C-5 at 211. The survey w^as conducted 
by the National Opinion Research Center, at the University of Chicago, and the data 
analysis performed at Harvard University under the supervision of Dr. Thomas F. 
Pettigrew. The survey -sample included some 1,600 Negroes and some 1,300 whites. 
(Hereinafter referred to as NORC Survey. ) 

108 



tended desegregated schools are more likely to be earning more than 
$6,500 a year than otherwise similarly situated Negroes who attended 
racially isolated schools."^ Only when Negroes with college education 
are considered does racial isolation appear not to affect one's chances of 
earning more than $6,500 a year. 

Similar differences appear in occupations. As Table 9 shows, the pro- 
portion of Negroes in white-collar jobs increases as their level of education 
rises, but Negroes who attended desegregated schools are more likely to 
be in white collar occupations than Negroes who attended racially 
isolated schools.^" Again, this does not hold for Negroes who have a 
college education. 



Table 9. — Percent of Negroes where main family earner holds a white-collar job 


Education 


Type of school attended 




Desegregated 


Isolated 


Some high school . - 


18.5 
28.6 
53. 5 


11.8 


High school graduate 

College _ . _ _ 


19.6 
59. 5 







Source : NORC Survey. 

These differences in income are not accounted for by economic or 
social disparities in family background. ^^^ The source of the difference 
probably arises from both the academic advantages Negroes derive from 
desegregated schools, the increased associations they have with whites, 
and an ability to function better in desegregated situations. 

*• * -jf 

Racially isolated schools, then, generally are regarded by the com- 
munity as inferior institutions. The stigma attached to such schools 
affects the attitudes of both students and teachers. Students sense the 
community attitudes and the fact that their teachers often expect little 
of them. The combination of poor performance and low expectations 
reinforces their sense of futility and their image in teachers' minds as 
children who cannot learn. The negative attitudes and poor perform- 
ance of Negro children in isolated schools accumulate over time, making 
a successful interruption of the process increasingly difficult. They 
carry over into adult life and are reflected there in levels of income and 
occupation. 

The Perpetuation of Racial Isolation 

The damaging consequences of racially isolated schools extend beyond 
the academic performance and attitudes of Negro schoolchildren and the 
subsequent impairment of their ability to compete economically and 

"'/^., table 2 at 215. 
"* /datable 1 at 2 15. 

^" Ibid. When the economic and social characteristics of the respondents' parents 
were controlled the relationship still existed. 

109 



occupationally with whites. Racial isolation in the schools also fosters 
attitudes and behavior that perpetuate isolation in other important areas 
of American life. Negro adults who attended racially isolated schools 
are more likely to have developed attitudes that alienate them from 
whites. White adults with similarly isolated backgrounds tend to resist 
desegregation in many areas — housing, jobs, and schools. 

At the same time, attendance at racially isolated schools tends to re- 
inforce the very attitudes that assign inferior status to Negroes. White 
adults who attended schools in racial isolation are more apt than other 
whites to regard Negro institutions as inferior and to resist measures 
designed to overcome discrimination against Negroes. Negro adults 
who attended such schools are likely to have lower self-esteem and to 
accept the assignment of inferior status. 

Conversely, Negroes who have attended desegregated schools tend to 
have a higher self-esteem, higher aspirations and are more likely to seek 
desegregated situations. Whites who have had desegregated education 
are more likely to report a willingness to accept Negroes in desegregated 
situations and to support measures that will afford equal opportunity. 

Racial Attitudes 

The racial attitudes and preferences of both Negroes and whites are 
influenced by the racial composition of the schools they attend. The 
process begins early. 

For example, a 1962 study was made of student preferences in Louis- 
ville, Ky., where students are allowed to choose the high school they will 
attend. The city had six high schools, all but one of which was pre- 
dominantly white. That school, Central High, had been segregated by 
law before 1954, and but for one white student, was still all-Negro in 
1962."*' 

The study found that most of the Negro students who chose the 
majority white high schools previously had attended desegregated ele- 
mentary or junior high schools, while most of the Negroes who chose 
Central High had not. It concluded: "The inference is strong that 
Negro high school students prefer biracial education only if they have 
experienced it before. If a Negro student has not received his formative 
education in biracial schools, the chances are he will not choose to enter 
one in his more mature years." "^ 

Data from the Office of Education's survey bear out the inference that 
Negro students are much more likely to prefer racially isolated schools if 
they have attended only isolated schools and are more likely to prefer 
desegregated schools if they have attended such schools."* 



""U.S. Commission on Civil Rights, Civil Rights, U.S.A. Public Schools Southern 
States, 1962 at 30. 
"'Mat 30-31. 
"' See app. C-1, tables 6.7 and 6.8 at 98-99. 

110 



The same relationship holds for white students. Those who have not 
attended class with Negroes are likely to express a preference for segre- 
gated classrooms, while those who have been in desegregated classrooms 
are more likely to prefer desegregated classrooms. Moreover, white 
students whose interracial education began in the early grades are even 
more likely to prefer desegregated schools than whites whose first asso- 
ciation with Negroes in school was in the upper elementary or secondary 
grades."^ 

The survey data also suggest that school desegregation has its greatest 
impact upon student attitudes and preferences through the mediating 
influence of friendship with students of the other race. Negro and white 
students who attend school with each other, but have no friends of the 
other race, are less likely to prefer desegregated situations than students 
in desegregated schools who have such friends. Having attended schools 
with students of the other race and having friends of the other race con- 
tribute to preferences for desegregation. The effect is strongest for 
students who have had both experiences.^^" 

By the time students graduate from high school, they generally have 
formed racial attitudes and preferences that carry over into later life. A 
study of recent high school graduates in Oakland, Calif., revealed that 
89 percent of the Negroes who attended desegregated schools, but only 
72 percent of those who attended segregated schools, have white 
friends.^'^ Negroes who attended desegregated schools in Oakland are 
more at ease with whites than those who attended segregated schools. ^'^ 
They are far more likely to disagree with the statement: "If a Negro is 
wise he will think twice before he trusts the white man as much as he 
would another Negro." ^"^ This is true whether they come from middle- 
class or working-class homes. ^^^ 

Sharp dissimilarities emerge when the attitudes of these recent 
graduates toward school desegregation are compared. Almost all are 
in favor of school desegregation, but the Negroes who attended 
desegregated schools appear more interested in having their chil- 
dren attend desegregated schools. Seventy-six percent of the Negroes 
with desegregated education, but only 52 percent of the Negroes with 
segregated education responded affirmatively to the question: "Would 
you be willing to send your child out of the neighborhood to go to an 
integrated school?" The dissimilarity extends to neighborhood prefer- 
ences as well. Seventy percent of the high school graduates who at- 
tended desegregated schools indicate that they would go out of their 
way to obtain housing in a desegregated neighborhood, compared to 

"'See app. C-1 , tables 8.8—8.11, 138-41 and sec. 1.6 at 46; OE Survey 333, table 
3.3.5. 

'"-° See app. C-1, tables 6.7, 6.8, and 8.10 at 98, 99, 141. 
^ See Oakland app. C-4, table 3 at 209. 
^V<f. table 5-7 at 209-10. 
^ Id. table 4 at 209. 
"* Ibid. 

Ill 



only 50 percent of those who attended racially isolated schools.^"^ Thus, 
the racial attitudes, preferences, and future plans of recent high school 
graduates are strongly influenced by the racial composition of the schools 
they attended. 

Negro adults show a pattern of attitudes and preferences similar to 
that found for recent high school graduates. In a national survey of 
Negro adults it was found that those Negroes who had attended majority- 
white schools were more likely than those who attended racially isolated 
schools to reject the statement about not trusting "... a white as much 
as . . . another Negro." This was true no matter what their age, sex, 
or educational levels, or whether they were born in the South or the 
North. As in the survey of recent graduates, the Negro adults who 
attended desegregated schools also expressed greater willingness to live in 
an interracial neighborhood, even if they would have to pioneer to do 
so.^^'' Negro adults who had attended racially isolated schools were less 
likely to express a desire for their children to be in desegregated schools 
and they more often expressed the view that Negro children would have 
a difficult time in desegregated schools.^^^ 

Further, respondents in the adult Negro survey who are products of 
predominantly Negro schools revealed a lower sense of self-esteem. This 
trend persisted even when other types of interracial association — such as 
white friends and interracial neighborhoods — were accounted for. And 
it also held for both sexes and for different social class and age groups. 
Differences were most pronounced for those who never had been to 
college. ^^^ 

The attitudes of whites — sampled in another national survey of 
adults — also were related to the racial composition of the schools they 
attended. Whites who attended desegregated schools expressed greater 
willingness to reside in an interracial neighborhood, to have their chil- 
dren attend desegregated schools, and to have Negro friends.^^^ They 
consistently were more favorable toward the elimination of discrimination 
in employment against Negroes."" They more often favored fair em- 
ployment laws and agreed that "Negroes should have as good a chance 
as white people to get any kind of job." "^ 

Racial Association 

These attitudes are associated with behavior. When actual patterns of 
residence, schooling, and association are examined for Negro and white 
adults, sharp differences again emerge between those who attended 

^7</. tables land 2 at 208. 
^ App. C-5, table 5 at 227. 
^ Id. table 7 at 229. 
^^Id. tables 11-15 at 223-37. 
^7rf. tables 5-15 at 227-37. 
""/rf. tables 13-15 at 235-37. 
"' 7^. tables 12-15 at 234-37. 

112 



segregated and desegregated schools. Negroes who once attended 
desegregated schools are more likely to have children in desegregated 
schools today than those who had not/^" As Table 10 shows, the chances 
of having children in desegregated schools increased as education levels 
rose. Negroes of higher educational status — and thus higher income — in 
general were less likely to have children in majority-Negro schools. But, 
irrespective of levels of education and income, Negroes are more likely to 
have children in majority-white schools if they attended such schools 
themselves.^^^ 

Table 10. — Percent of Negro -parents with children in majority-white schools 



Education 



Type of schools attended 




Less than high school graduate. 

High school graduate 

College 



35. 4 
37.5 
56. 2 



Source : NOJtC Survey. 

Negroes who attended desegregated schools also were more likely than 
those who attended racially isolated schools to reside presently in inter- 
racial neighborhoods. As Table 1 1 shows, the racial composition of 
schools attended has a consistent relationship to later residential isolation 
independent of educational and economic limitations. This is true at 
every level of education. ^^* 

Table 11. — Percent of Negro adults living in mostly white neighborhoods 



Education 



Type of schools attended 



Less than high school graduate 

High school graduate 

College 




20. 7 
17. 
28. 9 



Source : NORC Survey. 



These comparisons suggest that the effects of racial isolation and de- 
segregation carry over from early life into later life. The more time spent 
in racially mixed schools, the greater is the probability of living in inte- 
grated neighborhoods, of having children who attend desegregated 
schools, and of having close white friends. 



Summary 



The outcomes of education for Negro students are influenced by a 
number of factors including students' home backgrounds, the quality 



'7d. tables 6 and 6a at 216. 

' Ibid. 

'M table 3 at 215. 



113 



of education provided in their schools, and the social class background of 
their classmates. In addition to these factors, the racial composition of 
schools appears to be a distinct element. Racial isolation in the schools 
tends to lower students' achievement, restrict their aspirations, and impair 
their sense of being able to affect their own destiny. 

By contrast, Negro children in predominantly white schools more often 
score higher on achievement tests, develop higher aspirations, and have 
a firmer sense of control over their own destinies. 

Differences in performance, attitudes, and aspirations occur most often 
when Negroes are in majority-white schools. Negro children in schools 
that are majority-Negro often fail to do better than Negro children in 
all-Negro schools. In addition, the results stemming from desegregated 
schooling tend to be most positive for those Negro children who began 
their attendance at desegregated schools in the earlier elementary grades. 

An important contributing element to the damage arising from racially 
isolated schools is the fact that they often are regarded by the community 
as inferior institutions and students and teachers sense that their schools 
are stigmatized. This has an effect on their attitudes which influences 
student achievement. 

Racial isolation also appears to have a negative effect upon the job 
opportunities of Negroes. Negro adults who experienced desegregated 
schooling tend to have higher incomes and more often hold white-collar 
jobs than Negro adults who attended isolated schools. These differ- 
ences are traceable to the higher achievement levels of the Negroes from 
desegregated schools, and, in part, to the fact that association with whites 
often aids Negroes in competing more effectively in the job market. 

Attendance in racially isolated schools tends to generate attitudes on 
the part of Negroes and whites that lead them to prefer association with 
members of their own race. The attitudes appear early in the schools, 
carry over into later life, and are reflected in behavior. Both Negroes 
and whites are less likely to have associations with members of the other 
race if they attended racially isolated schools. Racial isolation not only 
inflicts educational damage upon Negro students when they are in school, 
it reinforces the very attitudes and behavior that maintain and intensify 
racial isolation as well. 

Moreover, the absence of interracial contact perpetuates the sense that 
many whites have that Negroes and Negro schools are inferior. 

Racial isolation in schools has apparent effects on both Negro children 
and adults. This effect can be direct and obvious — as in impaired 
achievement and aspirations. It can be indirect and subde — as in the 
negative interracial attitudes and behavior which further perpetuate the 
racial isolation. In either case, it contributes to the continuing process 
of damage and isolation. 



114 



I 



Chapter 4 

Remedy 

There has been no general agreement among educators and concerned 
citizens on the best way to remedy the academic disadvantage of Negro 
children. The search for a remedy has been made more difficult by 
the controversy that often has accompanied efforts to achieve solutions. 
Communities have been divided by lawsuits, demonstrations, and boy- 
cotts. Parents, students, and private groups have contended over 
neighborhood schools, racial imbalance, and the selection of sites for 
school construction. On more than one occasion such local school 
disputes have erupted into violence, sending shock waves across the 
Nation. 

Faced with a critical yet imperfectly understood problem, school sys- 
tems generally have taken one of two basic approaches: the institution 
of compensatory education in majority-Negro schools or school desegre- 
gation. At present there is disagreement over the relative efficacy of 
these approaches. 

This chapter explores compensatory education programs in majority- 
Negro schools. It then examines school desegregation techniques which 
have been applied in small and large cities. This discussion is followed 
by an analysis of factors which are important in successful school de- 
segregation. Finally, the chapter discusses remedies which have been 
proposed but not yet implemented. 

Compensatory Programs in 
Isolated Schools 

The objectives of compensatory education programs have been sum- 
marized by Sloan Wayland, a sociologist : 

Start the child in school earlier; keep him in school more and 
more months of the year ; . . . expect him to learn more and more 
during this period, in wider and wider areas of human experience, 
under the guidance of a teacher, who has had more and more 
training, and who is assisted by more and more specialists, who 
provide an ever-expanding range of services. . . } 



^ Wayland, "Old Problems, New Faces, and New Standards," in Education in 
Depressed Areas, 61 (Passowed. 1963). 

ns 



Compensatory education is a term which, as used by educators, may 
embody one or more of several distinct approaches to improving the 
quahty of education for disadvantaged children. One approach — 
remedial instruction — is to give more intensive attention to students in 
academic difficulty. Remedial techniques usually include reduction of 
the number of students per teacher, provision of extra help to students 
during and after school, counseling, and use of special teaching materials 
designed to improve basic skills. Many of these techniques have been 
used in schools for years and currently are employed in suburban as well 
as inner-city schools. 

Another approach — cultural enrichment — expands activities which 
schools traditionally have offered to students. Cultural enrichment pro- 
grams attempt to broaden the horizons of poor children by giving them 
access to activities which ordinarily might be beyond their reach, such as 
field trips and visits to museums, concerts, other schools, and colleges. 
Such programs also commonly are found in middle class schools where 
they operate to supplement the normal cultural experiences of the pupils. 

A third element of many compensatory education programs involves 
efforts to overcome attitudes which inhibit learning. Many educators 
have recognized that lack of self-esteem is a major cause of academic 
failure. A number of compensatory programs attempt to improve self- 
esteem (through the study of Negro history, for example) and to raise 
confidence by providing successful academic experiences and recognition. 
Some programs try to raise the expectations of both students and teachers 
to overcome negative and defeatist attitudes. 

A fourth approach to compensatory education, incorporating many 
elements of the other approaches, is preschool education. This approach 
seeks to provide disadvantaged children with training in verbal skills and 
with cultural enrichment activities before they enter the primary grades. 
Although the importance of preschool education long has been recog- 
nized, such projects recently have become widespread with the support of 
funds from the Office of Economic Opportunity's Head Start program. 

The goal of Head Start has been stated by the Office of Economic 
Opportunity : 

[Sjpecial preschool education for children as young as 3 years old 
from disadvantaged home environments has rapidly become re- 
garded by educational authorities as essential. If a 3- or 4-year- 
old child can be stimulated in a prekindergarten to learn the simple 
things he does not learn from his parents ... he may get a head 
start on later success in school.' 

One element common to many compensatory programs is an effort 
to involve parents in the school program. To improve the motivation 
of children for academic work, an attempt is made to assure parents 



^U.S. Office of Education and the Office of Economic Opportunity, Education: 
An Answer to Poverty, 20. 

116 



that the schools are concerned about their problems and to give concrete 
suggestions about how parents may contribute to the academic success 
of their children. Some systems provide adult education in an effort to 
remedy inadequacies in the home environment/ 

Compensatory education programs instituted in predominantly Negro 
schools attended mostly by disadvantaged students rest upon the assumi> 
tion that the major cause of academic disadvantage is the poverty of 
the average Negro child and the environment in which he is raised. 
Children growing up in poverty, it is argued, begin school poorly moti- 
vated and with inadequate verbal skills. The disadvantage increases 
as children proceed through school, and this is attributed to the failure 
of the schools to provide adequate services. As a report of the Pittsburgh 
schools said : 

[N]ot all low achieving schools are in predominantly Negro 
neighborhoods. Low achievement is associated with economic, 
cultural, and social disadvantages rather than with race or creed.'* 

Racial and social class isolation is not necessarily regarded by advocates 
of compensatory education as an obstacle to success. In San Francisco, 
for example. Superintendent Spears wrote : 

Many Negro children bring to school a speech pattern which 
reflects an incorrect phonetic conception of words. . . . Conse- 
quently [ethnically homogeneous] schools and the teachers within 
them develop proficiency in working with the pupils. . . . The 
homogeneity of language difficulties of a group of children is 
capitalized upon in the curriculum planning of a school as a whole 
as well as the teacher as an individual.^ 



^ See for example : San Francisco Unified School District, Compensatory Educa- 
tion Program, Evaluation Report, 78 (September 1, 1966), which describes an 
adult education program in family care. See also: Board of Education, Englewood, 
New Jersey, Englewood School Development Program, First Annual Report, 17 
(1964-65) which describes basic adult education courses with the expectation that 
"illiterate parents who become involved in learning themselves take a keener interest 
in the education of their children." 

* Board of Public Education, Pittsburgh, Pa., The Quest for Racial Equality . . . 
A Year Later (May 1966 brochure). See also: Cleveland Hearing at 379. Super- 
intendent Briggs of Cleveland states: "The fact is that we are finding a greater affinity 
to lack of progress as it relates to poverty than we are to race." See also: Interviews 
With Urban Public School Superintendents, prepared for the Race and Education 
Project of the U.S. Commission on Civil Rights by McPherson, (Oct. 1966), 39. 
Superintendent Carl Dolce, of New Orleans is quoted: "It is no secret that, because 
of econom'c f-'ctors and the lack of opportunity, Negro youth on the average are sig- 
nificantly behind white youth in terms of achievement. The question really breaks 
down by class; that is, we are dealing with what is essentially a class rather than a 
racial problem." 

^ Spears, The Proper Recognition of a Pupil's Racial Background in the San Fran- 
cisco Unified School District, 14 (June 19, 1962). See also testimony of Paul Ken- 
nedy, director of Compensatory Education Services, Boston Public Schools, Boston 
Hearing at 170. In response to questions about whether or not compensatory educa- 
tion would be more effective if racial isolation were eliminated, Mr. Kennedy said : "I 
would like to see the saturation program continued in the neighborhood schools be- 
cause, I think, educationally, fiscally, and administratively it is almost not feasible to 
spread it citywide." 

117 

243-637 O - 67 - 9 



In 1965, oi. ="n'ey found approximately 85 major compensatory 
education programs — thos'^- servicing more than 1 ,000 pupils — in opera- 
tion throughout the United States." The largest programs are in urban 
areas where there are high Negro enrollments. As Table 1 shows, com- 
pensatory education in the cities generally means special education for 
Negro children.^ 

Table 1. — Distribution of compensatory education programs among elementary schools 
in 12 city school systems, by racial composition of schools — 1965-66 



City 


Total number 
of schools 
using com- 
pensatory 
education 
funds 


Number 
of schools 
more than 
50 percent 
Negro 


Number 
of schools 
11 to 50 per- 
cent Negro 


Number 
of schools 
to 10 per- 
cent Negro 


Bufifalo--- -_ __-- 


30 
51 
65 
26 
30 
45 
40 
47 
14 
46 
105 
130 


17 

25 
59 
23 
21 
31 
31 
20 
11 
19 
77 
101 


7 

19 

5 

3 

5 

5 



9 

3 

9 

11 

18 


6 


Pittsburgh L_ _ . 


7 


Philadelphia 


1 


Oakland _ _ _ _ 





Cincinnati- _____ 


4 


Boston - _ _ 


9 


Atlanta _ _ _ 


9 


San Francisco. 


18 


New Haven _ _ _ 





Milwaukee * _ _ _ 


18 


Baltimore * 


17 


Detroit » 


11 







1 Figures for 1966-67. 

Allotments to city schools under Title I of the 1965 Elementary and 
Secondary Education Act, the largest single source of funds for com- 
pensatory education,* are mostly for compensatory programs in majority- 
Negro schools.^ Of the remaining funds under this Act, a large share 
goes to assist economically disadvantaged white children who attend 
nearly all-white schools, as for example, in Milwaukee and San Fran- 
cisco — cities which have concentrations of poverty in both white and 
Negro areas. 

The following discussion analyzes some of the better known com- 
pensatory education programs that have been instituted in majority- 

* Urban Child Center, School of Education, University of Chicago, Inventory of 
Compensatory Education Projects, 1965. The inventory, which does not purport 
to be complete, lists several hundred programs. Of these, about 85 were listed as 
serving 1,000 or more children and/or 5 or more schools. Among these 85 projects, 
more than 40 large cities were represented. 

' Data for the table obtained in a survey of schools systems conducted by the 
Commission. The data presented in the table were compiled on the basis of published 
reports, and unpublished data submitted by the school systems. See also: Inventory 
of Compensatory Programs, op. cit. supra, note 6. Of the larger projects, racial data 
were given for about one-half. 

' During the first year of the operation of the Elementary and Secondary Educa- 
tion Act of 1965, approximately $1 biUion was spent on more than 22,000 projects. 
(U.S. Office of Education, Accent on Compensatory Education [draft] at ii.) 

"The chart below shows the distribution of Title I funds among schools in 13 

Footnotes continued on following page. 

118 



Negro schools — programs which have served as prototypes for many 
others. In assessing these programs, the Commission first examined 
studies and evaluations conducted by local school systems. Although 
there are many published studies, few were found which contained 
detailed data about the results of the programs. Some of the more 
detailed evaluations are discussed below. 

It should be stressed that the Commission has not sought to evaluate 
the effects of compensatory education, per se, or the intrinsic merits or 
effectiveness of any of its components. Rather, the following analysis 



systems. Data were supplied in the survey conducted by the Commission, described 
supra, at 7. 

Schools with compensatory programs under Title I: Elementary schools in 
city school systems by racial composition of schools — 1965-66 





Total number 


Number more 


Number U-50 


Number 0-10 


City 


schools using 
Title I funds 


than 50 per- 
cent Negro 


percent Negro 


percent Negro 


Buffalo 


30 


17 


7 


6 


Pittsburgh ' 


51 


25 


19 


7 


Philadelphia 


65 


59 


5 


1 


Oakland 


10 


9 


1 





Cincinnati 


29 


20 


5 


4 


Boston 


45 


31 


5 


9 


Cleveland 


78 


50 


7 


21 


Atlanta 


40 


31 





9 


New Haven 


14 


11 


3 





San Francisco 


39 
54 


16 

48 


8 
5 


15 


Baltimore ' 


1 


St. Louis 


62 


53 


5 


4 


Milwaukee • 


46 


19 


9 


18 







1 Figures for 1966-67. 

The Title I guidelines, promulgated in 1965, apparently encouraged use of funds 
in attendance areas where poverty was concentrated. See U.S. Office of Education, 
School Programs for Educationally Deprived Children, 7 (1965) : "Are project bene- 
fits limited to children of low-income families? No, although low income identifies the 
attendance area to be served. . . . Is participation in a project limited to children 
residing in an attendance area designated for the project? Usually it is. However, 
children residing outside the attendance area served by the project may participate in 
the project if there is room for them." 

See also McPherson, op. cit. supra, note 4, at 47-8, 56, and 62. School officials 
from Dallas, Detroit, and Cleveland expressed concern over the Federal formula 
for Title I. Superintendent Briggs of Cleveland, for example, stated: "We are 
really hampered by the formula. John .^dams High School does not have enough 
poverty level students to qualify it under the formula, but it has children with inten- 
sive needs. We will need a half million dollars in that school to keep it integrated." 
Despite the difficulty with the formula, systems such as Rome, N.Y., Mount Vernon, 
N.Y., Charleston, W. Va., Portland, Oreg., Berkeley, Calif., Los Angeles, Calif., and 
Cleveland, Ohio, did use Title I funds to promote desegregation. (See: U.S. Office 
of Education, Statement re Impact of Title I, Elementary and Secondary Education 
Act of 1965 {Public Law 89-10) on De Facto Segregation, at 2.) On Aug. 9, 1966, 
the U.S. Commissioner of Education sent a letter to State superintendents of educa- 
tion clarifying the intent of the regulations: "The development of special educational 
assistance for [disadvantaged children] at locations outside their immediate attendance 
areas is encouraged provided such assistance is specifically designed to meet their 
special educational needs and the location offers special advantages, such as op- 
portunities for learning in a widely representative social environment." 



119 



weighs only the measurable results of compensatory programs upon the 
academic performance of Negro students in majority-Negro schools. 

The Commission's review of compensatory education, moreover, does 
not purport to assess programs which only recently have begun, notably 
Project Head Start. It would be unwise to attempt an evaluation of 
such programs until sufficient time has elapsed to permit their effects to 
be tested fully. 

The following discussion has two parts. First, the performance of 
Negro students in majority-Negro schools with compensatory programs 
is assessed and compared with that of similarly situated Negro stu- 
dents in majority-Negro schools without compensatory programs.^'' 
Second, Negro students in majority-Negro schools with compensatory 
programs are compared with similarly situated Negro students in 
majority- white schools without compensatory programs. 

Effects of Compensatory Education in Majority -Negro 

Schools 

Three compensatory programs operating entirely or principally in ma- 
jority-Negro schools — the Banneker Project in St. Louis, Mo., the Higher 
Horizons Program for Underprivileged Children in New York City, and 
the All Day Neighborhood School Program in New York City — were 
reviewed by the Commission. 

The Banneker Project in St. Louis is one of the largest compensatory 
projects in the Nation. Unlike programs in most other cities, for many 
years it did not involve the expenditure of any additional funds.^^ 

The project began in the 1957-58 academic year, and during 1965-66 
involved 23 majority-Negro elementary schools which enrolled more 
than 14,000 students.^- The Banneker District is populated by families 
with a very low average family income. From its inception, the prin- 
cipal objective of the project has been to improve student achievement 
by raising the expectations of teachers, the motivation of students, and 
the aspirations of parents. Meetings of teachers, and working with 
parents and community groups have been emphasized.^^ These tech- 



^° Data for the Banneker program did not permit such a comparison. Data were 
not available about the socioeconomic status of other majority-Negroes. 

" Conference Before the United States Commission on Civil Rights, Williamsburg, 
Va., 218 (February 1961). Hereinafter cited as Williamsburg Conference. In a 
telephone interview with Dr. Samuel Shepard, director of the program, he stated 
that the Banneker schools began getting Federal funds in 1964-65. Staff interview, 
Dec. 28, 1966. Hereinafter cited as Shepard Interview. 

^"Shepard Interview. Enrollment data from St. Louis Study, A-5 (1966). 

^'Shepard, Efforts in the Banneker District To Raise the Academic Achievement 
of Culturally Disadvantaged Children (September 1965); Williamsburg Confer- 
ence, a.t 215, 217. 

120 



niques have been supplemented by efforts to instill a sense of competition 
among the Banneker schools." 

Examination of the program's impact upon student performance can 
be carried out in two ways. Although each has limitations, both pro- 
vide some indication of the program's effect. First, the average per- 
formance of Banneker schools can be compared to national norms for 
student performance. When the program started in 1957-58, the 
average eighth-grade reading scores in Banneker schools were about a 
year below the national norms. By the 1960-61 school year, after the 
program had been in existence for three years. Dr. Samuel Shepard, the 
program's director and superintendent of the Banneker School District, 
reported that eighth-grade reading levels at the Banneker schools had 
shown a noticeable improvement. They were, on the average, only one- 
half year below the national average.^^ A comparison of eighth-grade 
reading test scores in subsequent school years, however, shows that this 
gain apparently was not sustained. In 1965-66, eighth-grade students, 
some of whom had been in the program for seven years, were tested. 
The majority of Banneker schools then were a year or more below the 
national average.^*' 

It also is possible to compare the academic standing of the Banneker 
schools with that of other nearly all-Negro and nearly all-white schools, 
between 1962-63 and 1965-66. During these three years the relative 
standing of most Banneker schools did not improve. In 1962-63 the 
reading level of the Banneker schools ranged in a fairly even distribution ; 
slightly more than half the schools were up to a year behind grade level, 
and slightly less than half were at or above grade level. This was the 
same range as that of other nearly all-Negro schools. In that year, how- 
ever, only a few nearly all-white schools were below grade level; most 
were at or above grade level. 

By 1 965-66, none of the Banneker schools was at or above grade level 
and most of them were about a year below grade. This again was 
comparable to other nearly all-Negro schools. The position of Banneker 
schools relative to nearly all-white schools, however, was slightly lower.^' 



^* Williamsburg Conference, at 214. Principals and teachers have been made 
aware of achievement test scores for each school. 

''Id. at 217-18. 

^° In 1965-66, nine of the 15 Banneker schools with eighth grades had scores 
ranging between 7.1 and 7.5 (the test was given in January; national norm was 8.4— 
8.5). Of the 14 Banneker schools with eighth grades in 1962-63, 8 scored between 
8.1 and 9.0, with the median falling at about 8.5 (the norm that year was 8.8-8.9). 
{St. Louis Study, A-5.) 

'^ Ibid. The chart below shows the distribution of scores in 1962-63 and 1965-66. 
In 1962-63 tests were given in May (national norm 8.8-8.9, in 1965-66 in January 
(national normal 8.4-8.5). Data for years prior to 1962 were not available. 

Footnote continued on following page. 

121 



These data suggest that the initial gain in the Banneker schools has 
not been sustained relative either to national norms or other schools in the 
system. The data, however, are not complete. For a full assessment of 
the program, data on individual students in various schools would be 
needed. In addition, school officials in St. Louis believe that later tests 
may show improved results.^* 

Dr. Shepard has expressed enthusiasm for the program, stating that it 
has contributed to the motivation of children, parents, and teachers. At 
the same time, he has suggested that the program would afTord much 
greater benefits if it were conducted in desegregated schools : 

Although many Negro students are in racially isolated schools, 
their principals, teachers, and parents still have to do their very best 
to help them learn. But there is no question that this effort with 
Negro students in integrated schools would achieve far more. I 
have long held that my own 8-year-old son is being cheated be- 
cause he attends a segregated school. ^^ 

The Higher Horizons Program in New York has been termed "the 
most extensive project ever undertaken in the area of education for dis- 

Comparison of 8th-grade reading test scores among Banneker schools, other 
nearly all- Negro schools, and nearly all-white schools, 1962-63 and 1965-66 





Number and 


Number and 






percent of 


percent of 


Number and 


Reading level 


schools 10 


other schools 


percent of 




percent or less 


90 percent or 


Banneker schools 




Negro 


more Negro 




1962-63: 








6.0-7.0 













7.1-7.5 





7.6-8.0 








3 (21.4) 


8.1-8.5 


3 (9.1) 


7 (35. 0) 


6 (42.8) 


8.6-9.0 


10 (30. 3) 


9 (45. 0) 


2 (14.3) 


9.1-9.5 


15 (45. 5) 


4 (20 0) 


3 (21.4) 


9.6-10.0 


5 (15. 2) 








1965-66: 








6.0-7.0 




1 (3.1) 




9 (36. 0) 


2 (13.3) 


7.1-7.5 


9 (60. 0) 


7.6-8.0 


5 (15.6) 


12 (48. 0) 


4 (26. 7) 


8.1-8.5 


14 (43. 8) 


4 (16. 0) 





8.6-9.0 


10 (31. 3) 








9.1-9.5 


2 (6. 3) 








9.6-10.0 












"Dr. Shepard gave further information about the tests. In 1964, the testing 
procedure was changed. Children were tested in January instead of May. Instead 
of being tested in their own schools, they were required to walk (often long distances) 
to a high school. Dr. Shepard felt that being tested in unfamiliar surroundings had 
a negative effect and accounts for the drop in scores. He stated that eighth grade 
IQ gains made between 1957 and 1962 had been sustained and that the IQ testing 
procedure had not been changed. Fourth grade IQ scores for 1962 and 1964, how- 
ever, showed a drop similar to that in achievement test scores. St. Louis Study, 
A— 5. Dr. Shepard expects the achievement test scores to improve this year because 
tests will again be administered in the elementary schools. The absence of control 
group data makes a final assessment of the program impossible. The presence of other 
compensatory programs in some of the schools in recent years presents another 
variable for which controls could not be established. Shepard Interview. 

" Staff telephone interview Dr. Samuel Shepard, Nov. 16, 1966. 



122 



advantaged children." "° The program has been supported by both 
city and Federal funds. During the 1962-63 school year, expenditures 
amounted to $3.8 milUon.^^ Much of the pioneering work in com- 
pensatory education was done in Higher Horizons and the program has 
served as a model for other school systems.-' Higher Horizons sought 
to raise the academic performance of disadvantaged students, improve 
their motivation, and broaden their cultural horizons.^^ 

The program was patterned after an experimental project, the Demon- 
stration Guidance Project, which began in 1956 at a Harlem junior high 
school "* in which a majority of the students were Negro and Puerto 
Rican.'^ The project served about 700 seventh, eighth, and ninth 
grade students who showed academic potential. '" Of this selected group, 
329 continued in the project at George Washington High School,"' a 
majority-white academic high school."'' Per pupil expenditures were 
increased by about $80 per year at the junior high school and by about 
$250 per year at the high school."^ An evaluation of the program found 
that 147 of 250 students who had begun the project in seventh grade 
gained on the average 4.3 years in reading achievement after 2.6 years 
of the program at the junior high school.^" The evaluation also found 

^'' Wrightstone, Forlano, Frankel, Lewis, Turner, and Bolger, Evaluation of Higher 
Horizons Programs for Underprivileged Children, 32 (1964). (Hereinafter cited as 
Higher Horizons Evaluation.) 

-^ Inventory of Compensatory Education Projects, op. cit. supra note 6. Landers, 
Higher Horizons Progress Report, 15 (January 1963). 

^^ See Education in Depressed Areas, 343 (Passow ed. 1963). "Perhaps the most 
widely known enrichment program is the higher horizons program of New York City, 
now being adapted in numerous other communities." 

See also U.S. Office of Education, A Chance for a Change, 22 (1966). "Many 
school officials in the United States, in implementing Title I programs . . . are taking 
what they consider a sure course to success. They are expanding on the practices of 
the New York Higher Horizons Project, the Detroit Great Cities Program, and their 
own Head Start." 

-' Daniel Schreiber, coordinator, Higher Horizons Program has said : "We seek to 
raise the educational, cultural, and vocational sights of all children, especially children 
from the less privileged groups. . . . Our basic approach is to create in the mind 
of a child an image of his potential, fortify this image by parent, teacher, and com- 
munity attitudes." Williamsburg Conference, at 224. 

"' Landers, op. cit. supra note 21, at 2-3. 

""Wrightstone, Assessment of the Demonstration Guidance Project, at 15 (un- 
dated). 

"'^ Id. at 31. Seven hundred seventeen children, or 52.1 percent of the total school 
population, entered the project in the fall of 1956. Eventually 914 children were 
in experimental classes at one time or other. 

"^ Id. at 87. Three hundred twenty-nine stayed in the high school. Of this group, 
22 eventually dropped out of project classes, although they continued to receive 
project services. 

'^ Id. at 19. The high school was 25 percent Negro; 10 percent Puerto Rican. 

-"Id. at 117-118. 

^^ Id. at 31, 69. Assessment was made of the group that had been in seventh grade 
in the fall of 1956 and, therefore, that had two and one-half years of project services 
at the junior high school. In October 1956, the median for the group on the para- 
graph meaning portion of the Stanford Reading Test was 1.4 years below grade level. 
Eleven percent of the pupils were 1 year or more above grade level. By April 1959, 
the median for this group was 0.3 years above grade level. Thirty-five percent were 
1 year or more above grade level. 

123 



that a significantly larger proportion of the 329 students in the high 
school group continued their education beyond high school than was the 
case for unselected children who had graduated from the same junior 
high school during preproject years. ^^ 

In light of the success of the Demonstration Guidance Project, Higher 
Horizons was initiated in 1959.^" It differed from the Demonstration 
Guidance Project in two important respects. 

First, Higher Horizons sought to reach a larger group of children, 
not limited to those who showed academic promise. In 1959, some 
12,000 children, mostly Negro and Puerto Rican, from 31 elementary 
and 13 junior high schools — most of which were predominantly Negro 
— were included. By 1962, the program included 64,000 children from 
52 elementary schools, 13 junior high schools, and 2 senior high schools.^^ 

Second, the annual per pupil expenditure for Higher Horizons 
amounted to $50 to $60 above the normal city allotment, compared to 
$80 to $250 above the city average in the Demonstration Guidance Proj- 
ect.^* As the program was expanded, attention to the individual needs 
of children became less feasible. In 1959, one additional teacher or 
counselor was provided for every 108 children. By 1962, there was 
one additional teacher or counselor for ever)' 143 children. ^^ 

Four major techniques were used in Higher Horizons. First, teachers 
were trained and encouraged to improve both their expectations of the 
students and their own ability to teach disadvantaged children. Second, 
counseling and guidance services were extended and increased in an 
effort to raise student aspirations and to provide greater opportunities 
for employment and further education. Third, an effort was made to 
broaden the cultural backgrounds and horizons of students through visits 

^ Id. at 89, 93-94. Of 1,392 children graduating from the junior high school be- 
tween 1954 and 1956, 9.3 percent entered some sort of post high school institution. 
This compares to 51.0 percent of the project children who attended George Wash 
ington High School, and 22.2 percent of the entire junior high school population, 
including project students, during the project years. The evaluation states that 
during the project years a middle income housing project was introduced into the 
area and more opportunities for post high school experiences were created with the 
expansion of junior college programs in the area. However, the evaluators felt that, 
despite these factors, differences between the achievement of preproject and project 
groups were large enough to indicate that the program was successful. The evalua- 
tion lacks comparison of growth at the junior high school and high school. Com- 
parable controls groups are absent. Therefore, it is impossible to draw definite 
conclusions about the degree of success of the program or the relative influence of 
selectivity, desegregation, and the program itself. 

'^ Landers, op. cit. supra note 21, at 3. 

^ Id. at 5. The average elementary school was 16.8 percent Puerto Rican, 71.9 
percent Negro, and 11.3 percent "other." Of the 13 junior high schools, 2 were 
predominantly "other," 9 were predominantly Negro, 1 was 70.3 percent Puerto 
Rican, and 26.4 percent Negro, and 1 was 46.8 percent Puerto Rican and 48.7 
percent Negro. Higher Horizons Evaluation at 8, 20. 

" Schreiber stated that the per pupil expenditure was $50 in 1959-60. Williams- 
burg Conference, at 228. Landers states the per pupil expenditure for 1962-63 
was $61. Landers, op. cit. supra note 21, at 15. 

'^ Landers, op. cit. supra note 2 1 , at 5. 

124 



to museums, libraries, colleges, and concerts. Special remedial teachers 
were provided to upgrade reading, writing, and arithmetic skills.^*' 

Five years after the Higher Horizons Program had been inaugurated. 
New York City school administrators evaluated the program's impact 
upon the performance and attitudes of students. Students in schools 
with Higher Horizons programs were compared with students who had 
suffered a similar lag in achievement but who continued to attend schools 
without compensatory education programs. Academic performance, 
classroom behavior, and the academic motivation and attitudes of stu- 
dents toward school were compared. Evaluations of the students and 
of the compensatory program by teachers and counselors also were 
examined.^' 

Prior to the evaluation, Jacob Landers, coordinator of the program, 
had commented that: 

It is no slight matter to raise the level of reading of an entire 
group of 64,000 children by even 1 month. Yet, in the final analy- 
sis, the success of Higher Horizons and similar programs must be 
judged largely by such criteria. ... If within a reasonable period 
of time, the level of academic functioning has not been raised, then 
our effort must be judged largely a failure. ^^ 

Although the professional staff participating in the program expres.sed 
the view that the program was successful in the area of expanding cul- 
tural horizons and in the provision of additional guidance services, the 
investigators found no significant difTerences between students in schools 
with the Higher Horizons Program and similarly situated students in 
schools withont the program. These two groups of students showed no 
difference in academic achievement. In three school years both groups 
had gained only about two years in reading achievement.^" 

Nor did the pupils in the Higher Horizons schools report different 
attitudes toward school than the pupils in schools without Higher 
Horizons. The professional staff reported that the program had little 
effect upon classroom behavior, study habits, and the educational goals 
of the students."*" According to the findings of this evaluation, the 
Higher Horizons Program did not fulfill its objectives. 

Some educators ascribed part of the difficulty to the fact that the 
program was funded and staffed inadequately. While most teachers 



""Id. at 11-13. 

"' Higher Horizons Evaluation at 231-32. 

^ Landers, op. cit. supra note 21, at 9. 

"' Third-grade reading comprehension scores for the experimental group averaged 
3.59 as compared to 3.54 for the control group; by sixth-grade, the reading scores for 
the experimental group averaged 5.51 as compared to 5.65 for the control. IQ scores 
at the sixth-grade level, after 3 years of Higher Horizons, were 93.47 for the ex- 
perimental group and 93.95 for the control group. The third-grade scores for these 
children had been 94.07 for the experimental group and 94.21 for the control. Thus, 
both groups showed a slight decrease in IQ. Higher Horizons Evaluation at 55, 40. 

"/</. at 234. 

125 



involved in the program felt that the additional services had been helpful, 

the evaluation of the program stated that these services still had not] 
been adequate and attributed the greater success of the Demonstration 
Guidance Project in part to this factor.^^ 

Dr. Elliott Shapiro, who had been principal of a Central Harlem 
elementary school which was included in the Higher Horizons Program, 
testified at the Commission's Rochester hearing that : 

[W]ith that limited budget . . . pretty soon . . . instead of an 
enriched program, [we got] changes of title so that people became 
Higher Horizons Reading Improvement Teachers. And as we 
got that Higher Horizons Reading Improvement Teacher ... we 
also lost a classroom teacher at the same time. . . . As a result of 
this dilution, maybe there were some few changes in attitude that 
occurred that are hard to measure or evaluate, but there was really 
very little change in achievement.^" 

A somewhat different approach from that of Higher Horizons was 
taken in New York City's All Day Neighborhood School Program 
(ADNS). The ADNS Program focused only on elementary school 
children and included eflforts to deal with the effects of their neighbor- 
hood environment. It was described as a 

[CJomprehensive program operating during the school day, after 
school and in the neighborhood. It not only takes the child off the 
slum street, it provides him with positive school experience that 
makes it possible for him to accept the middle-class teachers and 
school aims.^^ 

ADNS involved 15 elementary schools located in economically im- 
poverished neighborhoods in New York City. Seven of the schools 
were majority-Negro; four were predominantly Puerto Rican, and 
Negroes and Puerto Ricans together constituted a majority in four 
others."** Seven teachers with special training in child development and 
home and school relationships were assigned to each school. During 
the school day they assisted regular classroom teachers and after school 
they conducted a program which included activities related to the 
school work done that day."*^ The cost of the program was about $70,000 
per school, or about $60 per pupil in excess of normal expenditures.^" 



"/^. at i, 234, 242. 

*' Rochester Hearing at 292-293. 

*-"' Sexton, Barenblatt, Billig, Hofmann, Hopson, Parker and Wells, An Assessment 
of the All-Day Neighborhood School Program for Culturally Deprived Children, at 
2 (1962-65). 

Id. at 3 (number and location of schools). For racial composition see Letter 
from Mary Thompson, acting director, ADNS, to United States Commission on Civil 
Rights, Nov. 17, 1966. 

"^ Sexton, et al. op cit. supra note 43, at 3, and 6-7. 

^^ Staff telephone interview with Mrs. Adele Franklin, former director of ADNS. 
November 1966. Total enrollment figures for the schools were obtained from the 
New York City school system. 

126 



In 1965, the program was evaluated by independent researchers from 
New York University. Children from the ADNS schools were com- 
pared to control-group children from schools without compensatory pro- 
grams. It was found that the program had not measurably improved 
the reading levels, IQ scores, or academic achievement of the ADNS 
children.*' These students also were compared in a followup evalua- 
tion of their performance in junior high school. Again, there were no 
significant differences between students who had been in the ADNS 
Program and students who had had no compensatory education.** 

The Commission has reviewed evaluations of more than 20 other 
compensatory education programs in large cities. These evaluations, 
conducted by the local school systems, report mixed results. Because 
the data often were incomplete and the period in which the programs 
had been in operation often was too short, it is not possible to draw 
absolute conclusions about the relative success or failure of these pro- 
grams. In most instances, however, the data did not show significant 
gains in achievement.*^ 



^'Sexton, op. cit. supra note 43, at 115. 

*^Id. at 116-117. 

" Few evaluations were found which gave sufficient racial and control group 
data. Findings of four of the more detailed evaluations are as follows: 
In Greenwich, Conn., a nearly all-white group of underachieving seventh-graders 
was given a special reading course. At the end of a year, 76 percent of the ex- 
perimental and 23 percent of the control groups gained 1-3 years in reading 
achievement. Central Junior High School, Greenwich, Conn., Individual Develop- 
ment Program (July 1964). In Oakland, Calif., results of a third and fourth grade 
language program in 1962-63, for a predominantly Negro group of children, showed 
gains in reading achievement significant at the .05 level for three of four experimental 
groups as compared to controls. Thirty-five children from the three successful groups 
were studied a year after the program ended. They continued to be ahead of the 
control group. The difference was at the .01 level of significance. The program 
was given to another predominantly Negro group in 1963-64. At the end of the 
year, experimental children had gained about 1.5 years in reading achievement as 
compare to 1.0 year for controls. Oakland Public Schools, Report of Evaluations 
of Third and Fourth Grade Language Development Program (1964). Eval- 
uations were made of two 1-year programs for Negro and Mexican- American primary 
children in Fresno, Calif. Children in second and third grade, achieving less than 
expected, gained 9 months in reading as compared to 6 months for controls. Experi- 
mental second-graders achieved 1.4 years as compared to 1.0 for controls. The 
second program, the extended day reading program in 1964—65, showed no significant 
gains for experimental over control children. Fresno City Unified School District, 
Statistical Data from Pilot Project in Compensatory Education (June 4, 1965). 
Another factor preventing adequate assessment of these programs is the Hawthorne 
effect. Educators caution that initial gains in compensatory programs are often lost 
in subsequent years after the novelty of the program has been lost. Reissman, The 
Culturally Deprived Child at 103-05 (1962). During the Boston hearing, Paul 
Kennedy, director of Compensatory Education Services, Boston Public Schools, testi- 
fied that Boston's Operation Counterpoise, a compensatory program carried out in 
schools in poor areas, had produced improvement in reading achievement. The 
program was begun in the predominantly Negro Higginson District in 1963-64 and 
expanded to 11 other districts by 1965—66. Mr. Kennedy reported overall success in 
the 12 target districts for the 1965-66 school year: "The 1966 scores were higher 
than the 1965 scores. . . . The median score in grade 1 in April was 2.2 and in April 

Footnote continued on following page. 

127 



Comparative Effects of Cofnpensatory Programs and 
Desegregation 

The Commission also reviewed four compensatory programs which 
allowed comparison of the performance of Negro students who received 
the benefits of the program in majority-Negro schools with that of simi- 
larly situated Negro students attending majority-white schools not offering 
compensatory programs. The four programs were conducted in 
Syracuse, N.Y. ; Berkeley, Calif.; Seatde, Wash.; and Philadelphia, Pa. 

The Madison Area Project was begun in Syracuse in 1962 in response 
to findings by educators there that students in predominantly Negro 
schools had serious academic problems. This project — modeled in part 
on the Higher Horizons Program — sought to raise the achievement of 
Negro students and improve their aspirations and motivation to learn. ^° 
To accomplish these aims the project provided cultural enrichment pro- 
grams, special classroom groupings, remedial reading and special 
mathematical programs, summer schools, and other instructional 
improvements.^^ 

The Madison Area Project was conducted in two elementary schools 
and one junior high school, each of which had a Negro enrollment ex- 
ceeding 80 percent. Approximately 2,000 children participated in the 
program each year. It lasted nearly three years and cost $207, 150 a year, 
or about $100 more per pupil than the normal allotment in the Syracuse 
schools ^^ — about twice the additional expenditure involved in the Higher 
Horizons Program. 

When Syracuse school officials evaluated the junior high school seg- 
ment of the Madison Area Project, they found results similar to those 
in the Higher Horizons study. The relative academic standing of stu- 
dents in the Madison Junior High School and students in other junior 
high schools before and after the project was compared. The special 
cultural and educational programs aimed at raising the achievement of 
Negro students had had no apparent eflfect.'"'^ 

In hearings recently held by the Commission, representatives of the 
Syracuse School System offered their conclusions about the effectiveness 



1966 was 2.3, which is a growth of 1 month; grade 2 would be 3.4 to 3.5 .. . grade 
3, 4.0 to 4.1 .. . grade 4, 3.7 to 3.8 .. . grade 6, 5.1 to 5.2." Scores for the Hig- 
ginson District (the only district in the program for 3 years) did not improve, however. 
Children in the 2nd grade in 1964 were /a a year above the national norm; by 1966, 
at the end of 4th grade, they were /a a year below the national norm. The pattern 
was similar for the 1966, 6th-grade class, which was 1 year behind in 1966. Boston 
Hearing at 163-167. 

'"'Syracuse, N.Y., City School District, Laboratory for Change, 5 (1964). 

^Id. at 9-21. 

"'Stout and Inger, School Desegregation: Progress in Eight Cities, a study done 
for the U.S. Commission on Civil Rights at V-54 (October 1966) . Hereinafter cited 
as Stout Study. 

'^ Rochester Hearing at 445. The comparison was between students at Madison 
and students at other junior schools which were majority-white. 



128 



I 



of the program. Dr. Franklyn Barry, superintendent of schools, 
described the purpose and impact of the program : 

It attempted to provide a whole array of extra services, impact 
programs, to beef up, as it were, education in this area ... it 
tried to invent some new things, and we had some very skilled 
people ... (to) make education more attractive and meaningful 
to children. ... I have a chart which shows that in 1964 . . . 
Madison School (students were) achieving at a substantially lower 
level (than students at other schools). In fact, there was some 
regression over the period in terms of achievement in the academic 
areas.^^ 

In the elementary school segment of the Madison Area Project, 
remedial and cultural enrichment services were provided. ^^ The Com- 
mission studied the academic effect of this program upon the students in- 
volved and compared their performance with Negro students of the same 
social class attending majority- white Syracuse elementary schools.'^'^ 

Figure 1 shows the reading scores of students in the highest category 
within each group of Negro pupils in the Commission study. It shows 
the level at grades 3, 4, and 5.^' The level was the same for both groups 
in the third grade — below the city average. By the fifth grade the level 
of the students receiving compensatory education in the majority-Negro 
schools had fallen about one-quarter of a grade level behind the Negro 
students attending majority-white schools. A similar pattern was found 
when the median achievement level for all students in each group was 
compared. ^^ 

A study conducted by the Syracuse Public Schools suggests the same 
conclusions. Negro students participating in the same compensatory 
program in majority-Negro elementary schools were matched with 
similarly situated Negro children bused to majority-white schools which 
had no compensatory education program. The Syracuse study found 
that over the course of a school year, the bused students achieved at a 
rate more than double that of the achievement rate of the students in the 
compensatory program. The Syracuse school superintendent discussed 
the findings at the Rochester hearing : 

[T]he 24 children who were bused . . . achieved ... a total 
of 9.2 months' progress in reading (in one school year) while their 
matched counterparts (in the predominantly Negro school) . . . 
did but 4 months.^^ 



'* /J. at 444-45. 

°^ Laboratory for Change, op", cit. supra note 50, at 9. Croton and Irving were the 
elementary schools concerned. 
'"' App. D-1, Sec. B, at 247. 
" Ibid. 
^ Ibid. 
^* Rochester Hearing at 450. 

129 



Figure 1: Highest % of Students: 
Syracuse MAP Study (Grades 3-5) 

key: iM««i^CrTY-WIDE MEDIAN 

CROTON SCHOOL (NEARLY ALL-NEGRO SCHOOL 

WITH COMPENSATORY EDUCATION) 

6 DESEGREGATED SCHOOLS ( MAJORITY- WHITE 

WITHOUT COMPENSATORY EDUCATION) 



GRADE LEVEL 
EQUIVALENT 



6.0 



4. - 



GRADE level: 

SCHOOL year: 




3.0 



1963 



1964 



1965 



Asked if he thought the compensatory programs in Syracuse could 
succeed in predominantly Negro schools, Barry replied : 

[I]f it were ultimately to be ghetto schools with the best of com- 
pensatory education, I would view this very, very dimly. . . . 
Compensatory services to upgrade (Negro) schools ... or what- 
ever you call them, no.'''° 

During the past four years, the Berkeley, Calif., school system has insti- 
tuted compensatory programs at four majority-Negro schools.*'^ A 
wide range of techniques has been used, including the reduction of 
class size, employment of additional special staff, improvement of teach- 

"^Id. at 447. 

"* Letter from Superintendent Neil V. Sullivan, Berkeley Schools, to Bernard Berkin, 
U.S. Commission on Civil Rights, Nov. 17, 1966. 

130 



ing materials, tutoring, community involvement, after-school study halls, 
preschool programs, flexible class grouping methods, new teaching tech- 
niques, and intergroup education for the teaching staff. As Berkeley 
Superintendent Neil Sullivan has said : "You name it, we've tried it or 
are trying it." *'- 

Although the Berkeley School System's evaluation of these programs 
to date is not complete, achievement test scores at predominantly Negro 
schools with compensatory programs reflect no improvement in the 
achievement of fifth-grade students over a three-year period. Fifth-grade 
students in 1965, after four years of compensatory programs, showed no 
greater achievement than 1962 fifth-grade students in the same schools. 
Neither was there any change in the fifth-grade reading level in the Negro 
schools relative to the fifth-grade reading level at predominantly white 
schools over the three years. '^^ 

During part of the 1965-66 school year, the Berkeley school authorities, 
with Federal assistance, bused 230 Negro children from majority-Negro 
to majority- white schools. Bused children in the third, fourth, and 
sixth grades were tested at both the beginning and the end of the six- 
month period and their scores compared with those of the children who 
remained in the majority-Negro schools where compensatory education 
was provided. Although the program has not been in effect long enough 
to permit a complete analysis, test scores show that the bused children 
progressed at a more rapid rate than the children who remained in the 
majority-Negro schools.*'* 

Berkeley Superintendent Sullivan said of the compensatory educa- 
tion effort : 

Berkeley has had 4 years of experience with compensatory edu- 
cation under local. State, and Federal financing. As in other 
cities, high hopes have reaped an insignificant harvest. . . . Even 
where a token number of "chosen individuals" are "pulled up" 
by the bootstraps, or "pulled out of the ghetto," the mass of minor- 
ity children remain in desperate isolation, unwelcome and destined 
to the self-fulfilling prophecy of youthful and adult failure. . . S'^ 

The relative academic benefits of compensatory education and school 
desegregation also were examined in a study conducted by the Seattle 
Public Schools. To reduce class size at two majority-Negro schools in 
1965-66, 242 children, most of whom were Negroes, in grades 1 through 
6 were transferred from these schools to four nearly all-white schools. 
Children remaining in the majority-Negro schools received the benefits 
of intensive compensatory education and reduced class size. The 
transferred group attended schools with larger class sizes and no special 

"= Ibid. 

°^ Ibid. The fifth grade scores at predominantly white schools were about the same 
in 1962 and 1965. They were slightly lower at the predominantly Negro schools in 
1965 than in 1962. 

'' Ibid. 

•^ Ibid. 

131 



compensatory programs.*^^ Seventeen of the 38 transferred first-grade! 
students were compared with a control group of 25 first graders who 
remained at the majority-Negro schools. Each group was tested at! 
the beginning of the first and at the beginning of the second grade. 
Reading test scores revealed that the transferred group had achieved 
slightly more during the year than had the group receiving compensatory 
education.*^' The evaluation concluded : 

It was generally believed that the Transfer Program might have 
a deleterious effect on the achievement level of the pupils who 
were to be transferred. . . . The results in previous reports . . . 
[and] results for this evaluation, from grade 1 to grade 
2, ... do not support this. In fact these results . . . indicate 
a trend . . . that the Transfer Program had effected greater 
achievement among its pupils than among the Control Group. ®^ 

The Commission also conducted a study of compensatory education 
in Philadelphia, Pa. Philadelphia's Education Improvement Program 
(EIP) has been described as "one of the Nation's first extensive plans 
specifically designed to raise the achievement level of educationally disad- 
vantaged children." ^^ It was introduced in 1963 to first-grade students 
attending predominantly Negro schools in impoverished areas. First- 
grade achievement levels of most children in these schools were some- 
what below grade level. ^° Each year the program was expanded until 
by 1965, 30,000 students from first grade through high school were 
participating.'^ The program was estimated to involve an additional 
annual per pupil expenditure of about $35.^^ 

EIP sought to improve the reading achievement and enlarge the cul- 
tural horizons and aspirations of the affected students." One critical 
aspect of the program was an effort to improve the quality of instruction. 
According to a Philadelphia school official, teachers in EIP schools gen- 
erally are as able as the average teacher in the system.^* 

•^ Planning and Research Department, Seattle Public Schools, A Study of the Effects 
of the Seattle Public School Involuntary (Elementary School) Transfer Program 
1965-66, 6-8 (June 1966). See also Letter from Supt. Forbes Bottomly, Seattle 
Public Schools, to the U.S. Commission on Civil Rights (Nov. 10, 1966). 

"^ Moore, The Effects of the Elementary School Transfer Program on Achievement 
in the Second Grade (an evaluation) (Nov. 10, 1966). 

*» Ibid. 

•" Office of Intergroup Education, School District of Philadelphia, The Progress 
of Quality Education in the Public Schools, Particularly as Related to Recommenda- 
tions in the Report of the Special Committee on Nondiscrimination at 1 (Sept. 22 
1965 ) . Hereinafter cited as Philadelphia Progress Report. 

"Id. at 2. 

"/rf. at 3. 

" Staff interview with Margaret Ephraemson, coordinator, EIP, Philadelphia Public 
Schools, Jan. 16, 1967. Expenditures were reported to have been nearly twice as great 
in the early years of the program. 

''' Philadelphia Progress Report at 2-3. 

" Staff telephone interview with Margaret Ephraemson, coordinator, EIP, Phila- 
delphia Public Schools, Oct. 8, 1966. EIP teachers were reported to be younger 
than average, more responsive to the children and better equipped to handle complex 
subject matter. 

132 



To evaluate the effectiveness of this program, the Commission used 
existing test data and compared the achievement histories of three groups 
of Negro children : those in nearly all-Negro schools participating in the 
program; those in non-participating nearly all-Negro schools; and those 
bused to non-participating majority-white schools." The Negro chil- 
dren who were bused to the majority-white schools were of the same 
social class level as those in EIP schools which were nearly all-Negro; 
the students in the nearly all-Negro non-participating schools were of a 
somewhat higher social class level/^ 

The reading achievement levels of the Negro children in these three 
groups were traced over a two-year period, from their completion of the 
first grade to their completion of the third grade. The analysis reviewed 
the test scores of the students in each group for the year before they 
entered the program, and for the first two years they were in the program. 
More than 4,700 students, in 40 schools, were included in the study." 

The analysis disclosed no evidence that the Educational Improvement 
Program raised the average reading achievement in EIP schools. The 
median achievement of children in EIP schools continued to fall con- 
sistently behind that of children in the other two sets of schools and 
continued to be lower after they had received two years of compensa- 
tory education.^* 

Figure 2 shows the reading scores of children in the lowest achievement 
groups in both EIP schools and nearly all-Negro schools without EIP. 
The reading level of the EIP children in this category was over a year 
behind grade level at the end of the first year and at the end of the third 
year. The gap between the reading level of the non-EIP children in 
this category and grade level was nearly as great. Their reading level, 
however, was slightly higher than that in the EIP schools at the first 
grade, and remained so at the end of the third grade. 

Figure 3 compares the reading scores of the highest achieving group 
of students in the two types of nearly all-Negro schools. The level of 
the EIP group in this category was above grade level in grade one but 
about one-quarter of a grade behind that of the non-EIP group in the 
same category. Their relative position was unchanged by the third 
grade. Over the two-year period the rate of progress for both groups 
slowed, though it remained above grade level. 

Thus, regardless of whether the EIP students began school with high 
or low reading ability, the program did not close the gap in performance 

"^App. £>-;, Sec. A, at 243. 

'"Twelve of the fifteen EIP schools were in census tracts where in I960 median 
income was 30 percent or more below the city median. The remaining three were 
in tracts 11-30 percent below the city median; of the 10 nearly all-Negro non-EIP 
schools, four were in tracts from 10 percent below to 10 percent above the city median ; 
one was 1 1-30 percent above the city median. U.S. Bureau of the Census, Census 
Tracts, Philadelphia, 1960. 

" App. D-1, Sec. A, at 243, 251 (Table 7 ) . 

"/rf., at245. 

133 

243-637 O - 67 - 10 



Figure 2: Lowest % of Students: Philadelphia 
EIP Study (Grades 1-3) 

key: ^Bi^^. CITY-WIDE MEDrAN 

,„„„„ NON-EIP (NEARLY ALL-NEGRO SCHOOLS 

WITH COMPENSATORY EDUCATION) 

EIP (NEARLY ALL-NEGRO SCHOOLS 

WITH COMPENSATORY EDUCATION) 



4.0 



GRADE LEVEL 
EQUIVALENTS 



2.0 



1.5 - 



1.0 

grade level : 1 

grade-equivalent 

expectation: 2.0 
school year: 1963 

test date : 6/64 




3.0 
1964 
6/65 



3.5 
T965 
T/66 



between them and the Negro students of sHghtly higher social class in 
nearly all-Negro schools without the compensatory program. 

The Commission also compared the performance of the EIP students 
and the students in nearly all-Negro non-EIP schools with the perform- 
ance of the Negro students bused to majority-white non-EIP schools. 
The bused children were of the same social class level as the Negro stu- 
dents in the compensatory program. The first-grade reading levels of 
the bused students also were identical to those of the EIP students but 
below those of the Negro students in the nearly all-Negro non-EIP 
schools. 



134 



Figure 3: Highest % of Students Philadelphia 
EIP Study (Grades 1-3) 

KEY: ^^^^ CITY-WIDE MEDIAN 

"•' EIP (NEARLY ALL-NEGRO SCHOOLS 

WITH COMPENSATORY EDUCATION) 

NON-EIP (NEARLY ALL-NEGRO SCHOOLS 

WITHOUT COMPENSATORY EDUCATION) 



GRADE LEVEL 
EQUIVALENTS 



4.0 



GRADE LEVEL 
GRADE EQUIVALENT 

EXPECTATION 
SCHOOL YEAR 
TEST DATE 




2. - 



1963 
6/'64 



1964 



1965 
1/66 



Figure 4 shows that by the third grade the median reading level 
of the bused students had surpassed that of the EIP students, and 
had climbed to a position equal to that of the students of slightly higher 
social class in the nearly all-Negro schools without the EIP program. 

Figure 5 compares the reading achievement of students at the highest 
ability level in all three types of schools. It shows that all three groups 
of students were above grade-level at the first grade. The levels in the 
EIP and majority-white schools were about the same, both more than 
one-quarter of a year behind the more advantaged students in majority- 
Negro non-EIP schools. By the third grade Negro students in the 
majority- white schools had closed the gap between themselves and the 



135 



Figure 4- Median for All Students: Philadelphia 
EIP Study (Grades 1-3) 



I CITY-WIDE MEDIAN 



■■•• EIP (NEARLY ALL-NEGRO SCHOOLS 

WITH COMPENSATORY EDUCATION ) 

NON-EIP ( NEARLY ALL- NEGRO SCHOOLS 

WITHOUT COMPENSATORY EDUCATION ) 

!i.5-s5»>!i DESEGREGATED ( MAJORITY WHITE SCHOOLS 
WITHOUT COMPENSATORY EDUCATION ) 

GRADE LEVEL 
EQUIVALENT 



GRADE LEVELS: 
GRADE EQUIVALENT 

EXPECTATION: 2.0 

SCHOOL YEAR: 196 3 

TEST DATE: 6/64 




3.0 
1964 
6/65 



3.5 
1965 



Negro students in the non-EIP schools. Yet the Negro students in the 
EIP schools had not closed that gap, and were still behind the students 
in the non-EIP schools.^^ 

The Educational Improvement Program, then, did not improve the 
general levels of academic achievement for Negro students in nearly all- 



'" The achievement gains for bused students were not in evidence, however, for 
children with the most severe academic disadvantage. Dr. Marvin Cline, who con- 
ducted the Commission study, concluded: ". . . neither the compensatory program 
of EIP nor simple desegregation is adequate to stem the tide of academic deterioration 
of the lowest scoring groups." Id. at 246. 



136 



Figure 5- Highest /4 of students: Philadelphia 
EIP Study (Grades 1-3) 



1 CITY-WIDE MEDIAN 



EIP ( NEARLY ALL -NEGRO SCHOOLS 

WITH COMPENSATORY EDUCATION) 

NON-EIP ( NEARLY ALL-NEGRO SCHOOLS 

WITHOUT COMPENSATORY EDUCATION ) 

=«i«>^ DESEGREGATED (MAJORITY WHITE SCHOOLS 
WITHOUT COMPENSATORY EDUCATION) 



4.0 



GRADE LEVEL 
EQUIVALENTS 



GRADE LEVEL: 
GRADE-EQUIVALENT 
EXPECTATION: 2.0 
SCHOOL YEAR: 1963 
TEST DATE : 6/64 




3.0 
1964 
6/65 



3.5 
1965 
1/66 



Negro schools. This failure might be attributed to inadequate funding 
or to other weaknesses in the program. A better quality of education 
or other factors may account in part for the gain in achievement of the 
Negro students bused to majority-white schools. But the goal of the 
EIP program was "to raise the achievement level of educationally dis- 
advantaged children." ^° By this standard, it did not succeed. 

^"Philadelphia Progress Report at 1. The director of the EIP program has said 
that she feels the program has improved student performance, ahhough she has no 
data to support her belief. Staff interview with Margaret Ephraemson, Jan. 16, 1967. 



137 



In the above review of compensatory education in majority-Negro 
schools the programs examined were among the most prominent and in- 
cluded some that have served as models for others. A principal objective 
of each was to raise the academic achievement of disadvantaged children. 
Judged by this standard the programs did not show evidence of much 
success. 

The Commission's analysis does not suggest that compensatory educa- 
tion is incapable of remedying the effects of poverty on the academic 
achievement of individual children. There is litde question that school 
programs involving expenditures for cultural enrichment, better teaching, 
and other needed educational services can be helpful to disadvantaged 
children. The fact remains, however, that none of the programs appear 
to have raised significantly the achievement of participating pupils, as a 
group, within the period evaluated by the Commission. 

One possible explanation is that compensatory programs do not wholly 
compensate for the depressing effect which racial and social class isola- 
tion have upon the aspirations and self-esteem of Negro students — factors 
which, as Chapter 3 indicates, have an important influence upon 
academic success. 

Recognizing the link between a student's achievement and his aspira- 
tions, motivation, and self-esteem, administrators of compensatory pro- 
grams have attempted to raise the achievement of disadvantaged children 
by lifting their aspirations and their motivation to learn through "ego 
development" programs which may involve such measures as encourage- 
ment of self-expression and the study of Negro history. ^^ 

Yet the evidence reviewed here suggests that efforts to improve a child's 
self-esteem cannot be wholly productive in a student environment which 
seems to deny his worth. Testimony heard by the Commission that 
majority-Negro schools were stigmatized and regarded as inferior in- 
cluded schools which had compensatory programs. Indeed, in one com- 
munity the Commission was told that the contrasts afforded by 
inter-school trips between white and Negro students under compensatory 
programs heightened the sense of inferiority felt by the Negro students.®" 
In another community, a Negro teacher was asked whether she thought 
that putting a compensatory program in a predominantly Negro school 
tends to increase the stigma attached to such a school. The witness 
replied : 



" One of the objectives of a creative arts center which is part of San Francisco's 
compensatory program is "positive development of the self-concept." San Francisco 
Unified School District, Evaluation Report, Proposal Number 38-010 76 (Sept. 1, 
1966). In Philadelphia compensatory programs, devices such as displays empha- 
sizing the contribution of Negroes to American life and displays of student art work 
are used to "raise aspirational levels beyond those held by the child's immediate social 
environment." School Community Coordinating Team of the Philadelphia Pubhc 
Schools, The Great Cities School Improvement Program, a Progress Report, 1960- 
6^ at 45-56 (1965). 

*" See ch. Ill, note 99, supra. 

138 



I think it does to the outside community because what they ask 
is, you know, why are they spending all this money in these schools. 
Those children must not know very much, so they have to put this 
H'oney in.*^ 

Thus, the compensatory programs reviewed here appear to suffer 
from the defect inherent in attempting to solve problems stemming in 
part from racial and social class isolation in schools which themselves 
are isolated by race and social class. 

It is too early to conclude whether more recently instituted programs 
such as the preschool projects funded as part of Head Start will yield 
different results. Tentative analyses of these programs have suggested 
that they have been initially successful but that much of the benefit has 
been lost when children have entered the regular grades of the public 
school system.^' 

Preschool programs deal with children who have no prior school ex- 
perience, and children in these programs are approached at an age when 
they are more apt to be influenced by adults than by other children. In 
addition, preschool programs often have advantages which schools ordi- 
narily cannot offer. Pupil-teacher ratios are much lower than in most 
schools and the programs often are able to recruit highly skilled teachers. 
Children in preschool programs are offered a variety of services, including 
those which deal with their medical and nutritional problems. Parents 
frequently are deeply involved in the programs, which, like many other 
new ventures, often are conducted with greater enthusiasm than is 
characteristic of more established schools.*^ 

Aher assessing the initial success of preschool programs, however, some 
authorities, such as Sargent Shriver, Director of the Office of Economic 
Opportunity, and Harold Howe II, U.S. Commissioner of Education, 
have concluded that the positive effects of preschool education are 
lost when the children begin the elementary grades. Accordingly, 



^Rochester Hearing at 83. See also Rivlin, Teacher Education, vol. XVI, 
No. 2, 183 (June 1965): "Once the city schools give parents the impression 
that the schools are concerned solely with compensatory education, middle-class 
parents — white, Negro, Puerto Rican, and Mexican — who have educational ambi- 
tions for their children will continue, and possibly even accentuate, the present trend 
of withdrawing their children from the city's public schools and either enrolling them 
in private schools or moving to the suburbs." 

** See, for example: Education: An Answer to Poverty, op. cit. supra, note 2 at 
21; Wolff and Stein, Six Months Later, 141-61, Study I (Aug. 18, 1966); Wolff 
and Stein, Long-Range Effect of Preschooling on Reading Achievement, OEO 
project 141-61, Study III; Gordon, Remarks on the Max Wolff Report (un- 
dated). Evaluations of preschool programs in Fresno, Calif., and Racine, Wis., 
reported similar results. Significant test gains were reported for project chil- 
dren; however, these gains were lost shortly after the children entered the normal 
school program. Fresno City Unified School District, Statistical Data From Pilot 
Project in Compensatory Education (June 4, 1965) ; Unified School District No. 1, 
Racine, Wis., Final Report, A Pilot Project for Culturally Deprived Kindergarten 
Children (undated). 

""Education: An Answer to Poverty, op. cit. supra, note 2 at 20-34. A general 
description of the content of the programs is given. 

139 



they have called for major new programs aimed at reducing pupil-teacher 
ratios in regular schools by more than half.^^ Such a step, of course, 
would involve major expense. One authority has estimated that the 
cost of reducing the pupil-teacher ratio from 25-1 to 15-1 would be 
about $340 per pupil — an increase in per-pupil expenditure of approxi- 
mately two-thirds in the average school.^' While programs of such 
magnitude undoubtedly would result in improved performance for many 
students, whether they would be sufficient to overcome the effects of racial 
and social class isolation is speculative. 

Short of such steps, the evidence reviewed here strongly suggests that 
compensatory programs are not likely to succeed in racially and socially 
isolated school environments. 



School Desegregation 

This portion of the chapter examines particular techniques employed 
by school systems to desegregate their schools. It also assesses efforts to 
combine school desegregation with measures to improve the quality of 
education. 

School Desegregation: Extent and Techniques 

The effectiveness of a particular school desegregation technique de- 
pends in part upon the characteristics of the city involved. One im- 
portant factor is the proportion of the school population which is Negro. 
The greater the proportion, the more extensive the changes which may be 
necessary to accomplish desegregation. A second is the size of the city. 

Most small cities have relatively small Negro populations. In addi- 
tion, small cities generally have relatively small areas of high-density 
Negro population. Thus, desegregation may not require as substantial 
an adjustment in the distances which students must travel to school as 
may be required to accomplish desegregation of students in a larger city. 
For these reasons, it may be easier in smaller cities to achieve deseg- 
regation by devices such as strategic site selection, redistricting, or the 
enlargement of attendance areas. 



^ U.S. Commissioner of Education Harold Howe has called for per-pupil expendi- 
tures of about $1,200 and reduction of class size to about 15. Howe stated that pre- 
school programs could do more harm than good unless they are followed up in the 
elementary schools. Washington Post, Dec. 7, 1966. Sargent Shriver, Director 
of the Office of Economic Opportunity, expressed support for Howe's statements. 
Letter to the editor, New York Times, Dec. 16, 1966. 

" Moynihan, The Crisis of Confidence, statement presented to the Subcommittee 
on Executive Reorganization of the U.S. Senate Committee on Government Opera- 
tions at 10 (Dec. 13, 1966). Moynihan states that the current pupil-teacher ratio in 
public schools is 24.6 to 1. The current per-pupil expenditure in average daily 
attendance is $532. 

140 



Small Cities and Suburbs 

A number of small Northern and Western communities have desegre- 
gated their schools successfully. In some, desegregation has been limited 
to particular grade divisions. In others, desegregation of all grades has 
been achieved. Smaller communities have used a variety of techniques 
to accomplish desegregation, but a common element is the enlargement of 
attendance areas to overcome the obstacle of residential segregation. 
Among these devices are "pairing," the establishment of "central" schools, 
and the closing of a majority-Negro school and dispersal of its students 
among other schools in the community. 

Pairing 

Pairing involves merging the attendance areas of two or more schools 
serving the same grades to achieve better racial balance. As Illustration 
1 shows, children in particular grades are assigned to one school and those 
in the remaining grades are assigned to the other school. 



Illustration 1. Pairing 



BEFORE 


MOSTLY 
NEGRO 


X 


\ 
X 


MOSTLY 
WHITE 


X 


GRADES 
K-6 


GRADES 
K-6 







DESEG. 



DESEG. 



y 




BEFORE PAIRING, STUDENTS ENROLL ACCORDING 
TO EACH SCHOOL'S ATTENDANCE AREA. AFTER 
PAIRING, STUDENTS OF BOTH ATTENDANCE 
AREAS ENROLL IN THE TWO SCHOOLS ACCORDING 
TO GRADE. 



141 



School pairing was introduced in 1948 in Princeton, N.J., a com- 
munity which had been served by two elementary schools, one nearly all- 
white and the other Negro. The school system merged the attendance 
areas of the two schools and assigned all students in grades K-5 to one 
school and all students in the remaining grades, grades 6-8, to the other. 
As a result of the pairing, each of Princeton's elementary schools became 
majority-white.*^ 

Greenburgh No. 8 is a school district in a small New York suburban 
community. The district has a population of approximately 17,000 and 
a school enrollment 37 percent Negro. In 1947, four years before it 
desegregated, Greenburgh No. 8 had three elementary schools, which 
were 25 percent, 60 percent, and 97 percent Negro. The school board 
recommended busing students from the overcrowded majority-white 
school to the under-utilized majority-Negro schools. Members of the 
community objected and asked that alternatives be submitted to 14 civic 
organizations. One of the alternatives was pairing, which was ac- 
cepted by 13 of the 14 organizations. The district's three elementary 
schools were paired by establishing one as a K-3 school, the second as 
a 4-6 school, and the third as a 7-9 school. After pairing, each of the 
schools opened with enrollments approximately 38 percent Negro.^'^ 

The small town of Coatesville, Pa., also desegregated its elementary 
schools through the device of pairing. Of the city's four elementary 
schools, one was nearly all-Negro and another was 98 percent white. In 
1962, these two schools were paired. One of the schools became a K-3 
school and the other a 4-6 school. As a result of the pairing both 
schools became approximately 40 percent Negro.°° 

Central Schools 

The Princeton and Greenburgh examples show that in very small 
communities pairing may result in the establishment of central schools 
whereby one school building becomes a central facility for several grades 
servicing the entire school district. In communities which have a larger 
number of schools, central schools also can be established by making the 
whole district a single attendance zone for all students in one or two 
grades. In this way, the grades served by the central school are fully 
desegregated and resegregation that might otherwise occur through 
shifts in racial residential patterns within the community is precluded. 

In Englewood, N.J., a residential suburb of New York City, the five 
elementary schools were highly segregated before 1963. Two of the 
schools were majority-Negro and the remaining three nearly all-white.^^ 
In 1964, the board assigned all sixth-grade students to a single school and 



^Street, Princeton's Lesson: School Integration Is Not Enough, New York Times, 
June 21, 1964 (magazine). 

"" Stout Study at II-3-4; 22 ; 7-8 ; 22-23. 

"" Id. at IV-8; racial composition at IV- 10-1 2. 

"^ Id. at VIII-95 . 

142 



changed each of the remaining schools from K-6 to K-5 schools. As 
a result, one school (K-5) remained majority-Negro. In 1966, the 
board expanded its central school plan by adding a second central school. 
Both central schools now teach the fifth and sixth grades. The remain- 
ing schools became K-4 schools. As a result, the majority-Negro K-5 
school became a majority-white central school. One of the remaining 
K-4 majority-white neighborhood schools, however, became majority- 
Negro in the interim."' Because the attendance areas of the K^ schools 
were enlarged, a greater number of students in grades K-4 lived more 
than a mile from school and had to be transported. The school sys- 
tem augmented its annual budget by $24,000 to meet the increased 
transportation expense."^ 

A similar plan for the three junior high schools in Berkeley, Calif., 
was implemented in 1964. Berkeley is a city which has a population 
of about 120,000. In 1963, it had a 39 percent Negro enrollment in 
its junior high schools. One of the junior high schools was majority- 
Negro.®* In 1964, this school was converted into a citywide ninth grade 
school, and the attendance areas of the two other junior highs ( now serv- 
ing grades 7 and 8) were expanded. As a result, in 1965, all junior 
high schools were 38 to 47 percent Negro.®^ 

Teaneck, N.J., a suburb of New York City, also desegregated its ele- 
mentary schools by establishing central schools. Prior to 1964, six of 
Teaneck's eight elementary schools were all white; one (Washington 
Irving) was 39 percent Negro, and another (Bryant) was majority- 
Negro. In 1964, the Teaneck School Board voted to convert Bryant 
into a central sixth-grade school serving all children in the city. Bryant 
students in grades 1 to 5 were assigned to the six previously all-white 
schools. The board also expanded the attendance area of the Washing- 
ton Irving School to include more white children.®" The major ex- 
penditure in the Teaneck plan has been for transportation. During the 
1966-67 school year, 11 buses are being used to transport the school 
children.®^ 

School Closing 

Another means of desegregating schools by enlarging attendance areas 
is the closing of a particular school and the dispersal of its students among 

^'^ Id. at VIII-63, 68-70; racial composition for 1966 from interview with Superin- 
endent Shedd, Englewood, Jan. 4, 1967. The Cleveland school is now 52 percent 
Negro. 

"^Id. at VIII-85. 

"/rf. atVII-7; 166. 

°^ Id. at VII-99 ; 166. In 1963, prior to desegregation, the three junior high schools 
in Berkeley were: Burbank, 76.0 percent Negro; Garfield, 4.8 percent Negro; Willard, 
45.5 percent Negro. In 1965, after desegregation, the three schools were: West 
Campus (formerly Burbank), 39.5 percent Negro; Garfield, 38.4 percent Negro; 
Willard, 47.4 percent Negro. 

"Vrf. atVI-29-30; 39; 20-23. 

"7rf. atVI-37-38. 

143 



the remaining schools. This is shown in Illustration 2. Desegregation ol 
the Syracuse, N.Y., junior high schools was accomplished in this way. 
Syracuse is a medium-sized city which in 1960 had a population of about 
2 16,000. Fifteen percent of its junior high school enrollment was Negro 
in 1965. Of the city's 12 junior high schools, 1 1 had racial compositions 
ranging from 69 to 100 percent white in the fall of 1964. The 12th— 
Madison Junior High — was 77 percent Negro. In 1965, Madison was 
closed and its approximately 345 students were bused to other junior 
high schools. As a result, in 1965, none of the Syracuse junior high 
schools had a Negro enrollment greater than 34 percent.®^ 

Illustration 2. School Closing 



BEFORE 

WHITE 




WHITE 




WHITE 






GRADES 

7-9 




GRADES 
7-9 




GRADES 
7-9 






WHITE 




MOSTLY 
NEGRO 




WHITE 






GRADES 
7-9 




GRADES 
7-9 




GRADES 
7-9 

















AFTER 

DESEG. 




DESEG. 




DESEG. 






GRADES 
7-9 




GRADES 
7-9 




GRADES 
7-9 






DESEG. 


\ 


CLOSED 


^ 


DESEG. 


^ 




GRADES 
7-9 




V 




GRADES 

7-9 












^ 


^ \ 









THE PREDOMINANTLY NEGRO JUNIOR HIGH SCHOOL IS 
CLOSED AND THE STUDENTS ARE BUSED TO 
OTHER SCHOOLS. 



In White Plains, N.Y. — a city of about 50,000 people — school officials 
have used a number of devices to desegregate the schools. During the 
1957-58 school year when the board was considering replacement of the 
city's one overcrowded high school, it rejected a proposal to build two 
high schools for fear they would become racially imbalanced. Instead, 

"'/d. atV-109;69-70; 19; 21. 



144 



in 1959, the old school was replaced with one new high school, which 
in 1965 was 14 percent Negro. The city's three junior high schools 
were desegregated in 1960 by adjusting the boundaries of their at- 
tendance areas.''^ 

Desegregation of the elementary schools in White Plains presented a 
somewhat more difficult problem. One of the elementary schools in the 
city, Rochambeau, was majority-Negro. In 1960, the school board at- 
tempted to reduce racial imbalance at the Rochambeau school by 
changing its attendance area, estimating that with the new boundaries, 
the school would open majority- white. Racial changes in the neighbor- 
hood, however, nullified the school administration's effort, and Rocham- 
beau opened majority-Negro. In 1964, although White Plains already 
had a high per-pupil expenditure and there was opposition in the com- 
munity based in part on fear of increased costs, the Rochambeau school 
was closed and its students assigned — most transported — to each of the 
remaining 10 elementary schools. Before the closing of Rochambeau, 
one of the elementary schools had been 100 percent white and five had 
been 90 to 99 percent white. As of April 1966, all 10 elementary 
schools in White Plains ranged from 15 percent to 30 percent Negro."" 

Thus there have been several examples of successful school desegrega- 
tion in smaller communities."^ A variety of devices has been used, in- 
dividually or in combination, but in each case a major element has been 
the enlargement of the attendance areas and a return to the older concept 
of the community school, where a more representative cross section of a 
city's children attended school together. 

In the cases studied by the Commission, desegregation of the schools 
generally has been regarded by the communities involved as successful. 
Educators in these communities have expressed the view that the de- 
segregation plans on the whole have been implemented successfully, 
although the Commission's study reveals that much remains to be done 
before racial isolation in the schools is completely eliminated."" In most 
cases — even where there was initial opposition — desegregation has won 
acceptance from parents and civic groups. In those cases where infor- 
mation is available, the Commission has found no evidence that white 
parents have withdrawn their children from the public schools in any 

^ Id. at 1-4; racial oomposition of schools (/<f. at 1-16) . The old high school was 
converted to a junior high and one all-white junior high school converted to an 
elementary school before rezoning. 

^'^ Id. at 1-4-5; 7-8; 12- racial composition of schools {Id. at 1-34). See also 
White Plains Public Schools, The White Plains Racial Balance Plan (May 9, 1965). 

^"^ Other communities which successfully desegregated include Riverside, Calif., 
and Morristown, N.J. See Duster, Violence and Civic Responsibility, a special report 
prepared for the OE Survey (March 1966). See also Desegregation, Ten Blue- 
prints for Action, School Management 97-98 (October 1966) ; "What Morristown, 
N.J. Is Doing About Desegregation," School Management (March 1964). 

"'In Berkeley, White Plains, and Greenburgh homogeneous ability grouping re- 
mains a problem at the high school level. In Syracuse and Berkeley desegregation has 
not reached all elementary grades. Stout Study, IX-18. 

145 



significant numbers/"^ In most cases, opposition has subsided and there 
is general community support for desegregation.^^* 

Larger Cities 

The success that some small cities have experienced in desegregating 
their schools has not been matched in the Nation's larger cities where the 
obstacles to desegregation are greater. In a large city, depending on the 
particular pattern of residential segregation, both Negro and white 
population areas may be more extensive in territory. For example, 
San Francisco has relatively small Negro areas spread throughout the 
city while Cleveland's Negro population is concentrated heavily in a 
large ghetto on one side of the city. In a city such as Cleveland, then, 
the bulk of the Negro population lives relatively farther away from the 
bulk of the white population. In addition, there have been frequent 
shifts in the racial character of neighborhoods in large cities. For these 
reasons, it may be more difficult to achieve school desegregation through 
strategic selection of school sites, adjustments in attendance area bound- 
aries, or devices which involve enlargement of attendance areas. 

Beyond this, the rising Negro population in larger cities makes school 
desegregation more difficult simply because Negroes tend to constitute 
a greater proportion of the student enrollment than they do in small 
cities. This is not universally true. In Boston and Milwaukee, for ex- 
ample, Negroes constitute a relatively small proportion of the school en- 
rollment. But in many large cities, such as Chicago, Baltimore, Detroit, 
and Philadelphia, the Negro elementary school enrollment already is so 
great that it is impossible even theoretically to eliminate majority-Negro 
schools without the cooperation of the suburbs. 

Efforts to reduce racial imbalance in most big cities fall generally into 
three categories : ( 1 ) those which seek to reduce imbalance without 
altering existing attendance areas; (2) those which alter or enlarge at- 
tendance areas ; and, ( 3 ) those which involve cooperation between sub- 
urban and central city school jurisdictions. 



"" Racial enrollment statistics collected in the Stout study do not reveal any large- 
scale withdrawal of white children from the public schools. For example, in Engle- 
wood, N.J., before desegregation there were 1,271 white elementary school students 
(1962). In 1965, after the creation of the first central grade school, there were 
approximately 1,300 white elementary grade students. (See Stout Study, VIII-95; 
98.) See also racial enrollment statistics for White Plains {Supra 1-34) ; for Green- 
burgh No. 8 {Supra 11-37); in Syracuse, white enrollment did not decline at the 
junior high level when complete desegregation was accomplished. {Supra V-69-70.) 
The Berkeley schools experienced an increase in white enrollment in the 1966—67 
school year. Dr. Thomas D. Wogmann, Administrative Assistant to the Superin- 
tendent, reported to the Berkeley school board: "The unsupported allegations of a 
mass Caucasian exodus to the suburbs because of integration is simply not borne 
out." Oakland Tribune, Dec. 21, 1966. 

^°* In Berkeley an attempted recall of school board members failed and a subsequent 
bond issue was passed. In Teaneck, pro-desegregation board candidates were re- 
elected. In Englewood, Teaneck, White Plains, and Syracuse, law suits were either 
dropped or won by the school boards. {Stout Study atXII-17-18.) 



146 



n 



School Desegregation Without Ahering Attendance Areas 

A number of big city school systems have attempted to reduce racial 
imbalance without altering established attendance areas. Devices used 
include open enrollment and busing. 

Open Enrollment. — An open enrollment plan permits a student to 
attend an underutilized school outside of the attendance zone in which 
his residence is located. The purpose of such a plan may be to grant 
pupils a choice of schools, to relieve racial imbalance, or both. 

Under some open enrollment plans, transportation costs must be paid 
by a family wishing to send its child to a school outside the neighborhood. 
This is the policy in Boston, where, after school authorities refused to 
provide transportation, a private busing program — Operation Exodus — 
was organized and supported by Negro parents in the Roxbury area with 
the help of contributions from various sources. Operation Exodus 
sponsored transportation for almost 600 Negro students who transferred 
from predominantly Negro to predominantly white schools during the 
1965-66 school year."^ Nevertheless, the requirement that transpor- 
tation expenses be paid by the family imposes obvious limitations on 
achieving significant desegregation. At its Boston hearing, the Commis- 
sion heard testimony concerning the difficult financial circumstances 
under which Operation Exodus was operating in the 1966-67 school 
year."*' 

Open enrollment plans also are subject to limitations imposed by 
available space. As part of an overall plan to alleviate racial imbalance, 
the school board in Rochester, N.Y., adopted in 1963 an open enroll- 
ment plan under which transportation was furnished by the school sys- 
tem. The Rochester school superintendent told the Commission of his 
desire to see open enrollment work in his city : 

When the Board of Education on November 16, 1963, passed 
unanimously a resolution directing me to prepare administrative 
regulations to institute open enrollment, I was determined that it 
was going to work, not to fail. 

I analyzed why open enrollment had failed in many other cities 
and there were two basic reasons: One, the transportation costs 
became a burden for the family. . . . Second . . . open enroll- 
ment programs suggested in this country failed because the burden 
was placed on the parent to walk to the school and up to the 
counter of the secretary or principal and to say, "I want open en- 
rollment," to say it verbally, to come and make personal appli- 
cation. And I vowed to eliminate both those hurdles."' 

The school system sent letters to parents of children in certain schools 
located in Negro residential areas, offering the opportunity to transfer. 

^•^ U.S. Commission on Civil Rights, Sta§ Report on Issues Related to Racial Im- 
balance in the Public Schools of Boston, Mass., 28. [Hereinafter cited as USCCR 
Staff Report, Boston.] 

"* Testimony of Mrs. Ellen Jackson, Boston Hearing, 270, 278. Testimony of the 
Honorable Senator Edward Kennedy, supra. 

^*" Rochester Hearing, 332. 

147 



Negro families in significant numbers — more than a thousand — applied. 
But owing to limitations on the capacity of the receiving schools, only 
660 applications could be accepted."^ Thus even where transporta- 
tion costs are paid by the school system, open enrollment is limited 
by the space available in the predominantly white schools. 

Open enrollment also has other Hmitations which restrict its effective- 
ness as a device to reduce racial imbalance. While experience in Boston 
and Rochester has shown that many Negro families take advantage of 
open enrollment, others do not. The reasons are varied. Many Negro 
families, like many white families, prefer to have their children attend 
a school close to home. As suggested in Chapter 3, moreover, racial iso- 
lation tends to foster negative attitudes toward desegregation for Negroes 
as well as white persons. Again, Negro parents who gladly might par- 
ticipate in a desegregation plan affecting the entire community may be 
reluctant to require their children to assume the role of pioneers in an 
almost all-white school and they may resent being forced to assume the 
entire burden of desegregation themselves. ^°^ 

There are other limitations inherent in open enrollment. As an advis- 
ory committee to the Massachusetts State Commissioner of Education 
wrote: "Open enrollment alone cannot achieve school integration. Re- 
lying on open enrollment places the responsibiUty for school integration 
on the uncoordinated actions of thousands of parents, rather than on the 
planned actions of the schools themselves." ^^° 

Another drawback of open enrollment is that it does not improve the 
racial balance of majority-Negro schools. Indeed, where the plan per- 
mits white students as well as Negro students to transfer, the result may 
be to increase isolation at predominantly Negro schools by permitting 
white students to transfer out of such schools.^" Still another problem 

^°* U.S. Commission on Civil Rights, Staf Report on Issues Related to Racial Im- 
balance in the Public Schools of Rochester and Syracuse, N.Y., at 24. [Here- 
inafter cited as USCCR Staff Report, Rochester and Syracuse.] Six hundred 
sixty transfers were accepted for the first year. The weekend before the transfers 
were to take place, threatening phone calls to Negro parents caused over 100 chil- 
dren to drop out of the program. (See: Stout Study at III-5). 

^"^ See, for example, staff interview with Rev. Franklin D. R. Florence, president, 
FIGHT, Rochester, N.Y., June 19, 1966. 

"° Advisory Committee on Racial Imbalance and Education, Massachusetts State 
Board of Education, Because It Is Right — Educationally, at 4 (April 1965). [Here- 
inafter cited as Because It Is Right.] 

"* The table below shows the change in racial composition of sending schools 
after Rochester began open enrollment in 1963. 



School 


Percent nonwhite 
in 1962-63 


Percent nonwhite 
in 1965-66 


2 . -- - 


89.8 
95.3 
92.0 
*93.8 
90.1 
82.1 




97.4 


3 _ . - 


96.8 


4 -- _. 


97.0 


6 -- _ 


96.6 


9 - . _ . - 


98.9 


14 -- - _- -- - 


89.9 







148 



is that open enrollment may drain from majority-Negro schools the 
students who have the highest aspirations.^ ^- 

Busing. — Some school systems have sought to relieve racial imbalance 
by transporting Negro children from their normal attendance areas to 
predominantly white schools in other parts of the city. For example, 
in Portland, Oreg., — a city with an elementary school enrollment of 
54,7 1 7 of which 4,482 are Negro — some 400 elementary school children, 
90 percent of whom are Negroes, currently are being bused with Federal 
financial aid to 34 white schools outside their regular attendance areas. 
A Portland school official has acknowledged, however, that busing has 
not significantly affected the racial composition of Portland's elementary 
schools because so few children are involved.^^^ 

In Philadelphia, more than 9,000 elementary and junior high school 
children — of a total elementary and junior high school enrollment of 
more than 200,000 — are being bused during the 1966-67 school year, 
both to relieve overcrowding £md to reduce racial imbalance. Almost 
7,000 of the bused students are from schools that are more than 90 percent 
Negro. In Philadelphia, 66 percent of the Negro children attended such 
schools at both the elementary and junior high level in 1965. Approxi- 
mately 55 percent of the children from the schools which are more than 
90 percent Negro are being bused to predominantly white schools. The 
remainder are being transported to schools that are more than 50 percent 
Negro. Practically all students bused from overcrowded majority-white 
schools are assigned to majority- white schools."* 

Alterations In Attendance Areas 

Among the measures which large cities have used or have contem- 
plated using to reduce racial imbalance are devices which involve changes 
in attendance areas. Such devices include strategic selection of school 
sites (which involves the establishment of new attendance areas and con- 
comitant changes in old attendance areas ) , boundary changes, and 
school pairing. 

Site Selection. — The strategic use of site selection as a device to 
relieve racial imbalance has been mentioned by some school boards, such 



^^" See, for example, San Francisco Unified School District, Memorandum From As- 
sistant Superintendent Lewis Allbee to Superintendent Harold Spears at 2 (Oct. 15, 
1965). "Since schools in the western sections of the city, serving upper socioeconomic 
classes, enjoy high prestige, it is likely that these schools would draw pupils of high 
academic and social aspirations from other parts of the city. This would drain student 
leadership and academically-talented pupils from the schools that can least afford to 
lose them." 

"'' Staff telephone interview with Dr. Kleiner, director. Model School Division, Port- 
land Unified School District (Nov. 22, 1966). Enrollment data for 1965 obtained 
from Portland Unified School District. 

"^ Data on Philadelphia's busing program were supplied to the Commission by the 
Department of Research, Board of Education, School District of Philadelphia. En- 
rollment data are for 1965-66. See also: School District of Philadelphia, Progress 
Report on Integration in the Philadelphia Public Schools, 1, 3 (March 1966). 

149 

243-637 O - 67 - 11 



as those in San Francisco and Philadelphia, in poKcy statements.^ ^^ In 
Rochester, school authorities are planning to locate a new junior high , 
school to assure that it will open racially balanced.^ ^''' Some educators, 
discussing school desegregation in large cities, have suggested that this 
approach has limitations. The construction of a small school on the 
periphery of a Negro ghetto may not guarantee stable desegregation, for 
it is these very areais which frequently experience rapid racial turnover. 
At the Commission's Cleveland hearing, Paul Briggs, Cleveland's Super- 
intendent of Schools testified that the changing nature of residential 
patterns in that city made it virtually impossible to achieve school de- 
segregation by this means, even at the high school level : 

When Kennedy Senior High School was first envisioned, if that 
high school had opened that day in that location, it would have 
been 60 percent white and 40 percent Negro. When it opened it 
was 95 percent Negro.^^' 

Boundary Changes. — As a means of eliminating racial imbalance, the 
adjustment of attendance area boundaries in large school systems essen- 
tially has the same limitations as strategic site selection. Only at the 
periphery of Negro and white areas would boundary adjustments affect 
a school's racial composition. The small elementary school attendance 
areas make it unlikely that redistricting can result in lasting desegrega- 
tion. In New York City, for example, to promote desegregation about 
100 boundary changes were made between 1959 and 1963. The Advi- 
sory Committee to the State Commissioner of Education pointed out 
that, despite these changes, the extent of segregation in the city's schools 
was greater in 1963 than in 1958."^ 

In Chicago, a study of the schools concluded: "Even if the most 
extreme procedures of redistricting school attendance areas to increase 
desegregation were to be used, there would still be all-Negro and all-white 
schools in the city." "'^ A study of school redistricting in Boston, which 
has a relatively small Negro residential area, estimated that the most 
comprehensive redistricting in that city would reduce the percentage of 
non white children in majority-Negro elementary schools from 78 to 65.^^" 

"■^ See San Francisco Unified School District, Report of the Ad Hoc Committee 
of the Board of Education To Study Ethnic Factors in the San Francisco Public 
Schools (April 1963); Brard of Public Education, Philadelphia, Pa., Report of the 
Special Committee on Nondiscrimination, 72 (July 23, 1964). 

"" Staff telephone interview with Dr. William Rock, Administrative director for 
planning and research, Rochester Public Schools (Nov. 18, 1966). 

'" Cleveland Hearing, 380. 

"' The State Education Commissioner's Advisory Committee on Human Relations 
and Community Tensions, Desegregating the Public Schools of New York City, 
4-5 (May 12, 1964) . [Hereinafter cited as Allen Report.] 

"' The Advisory Panel on Integration of the Public Schools, Report to the Board 
of Education, City of Chicago, 62 (Mar. 31, 1964) . 

'" Technical Assistance Team of the Joint Center for Urban Studies, Changes in 
School Attendance Districts as a Means of Alleviating Racial Imbalance in the Boston 
Public Schools, 2, 5 (May 27, 1966). [Memorandum to the Task Force on Racial 
Imbalance of the Massachusetts Commissioner of Education.] 

150 



The study did not consider redistricting to be a permanent solution. ^^^ 
School Pairing. — School pairing involving schools located close to each 
other and with contiguous attendance zones has enabled some smaller 
communities to desegregate entire grade divisions of their school systems. 
In big cities the potential effectiveness of this device is more limited. 
Desegregation can be achieved by such pairing only when the schools 
involved are located at or near the border of Negro and white neighbor- 
hoods. Large cities have more schools which are located at or near the 
centers of white and Negro concentrations. 

In New York City, the Board of Education in 1964 proposed 21 pair- 
ings involving 42 schools. The proposal, however, would have had little 
impact. Commissioner Allen's Advisory Committee observed : 

If all 21 of the pairings proposed by the board were to be intro- 
duced at once . . . school segregation [would have been reduced] 
by 1 percent. . . } — 

Metropolitan Desegregation 

In a few large cities efforts have been made to place Negro youngsters 
from majority-Negro central city schools in neighboring suburban school 
systems. Programs of this kind are operating in the Rochester, N.Y., 
Boston, Mass., and Hartford, Conn., metropolitan areas. 

Rochester. — In March 1965, the school board in West Irondequoit, a 
Rochester suburb, agreed to accept 25 first graders from racially imbal- 
anced Rochester schools.^ "^ Apart from the transported students, West 
Irondequoit had four Negro students in an enrollment of approximately 
5,800.^^^ 

The students selected to participate were from a predominantly Negro 
school located in a middle-class Negro area. The Rochester school ad- 
ministration felt that these children would have the best chance to suc- 
ceed. The staff screened 58 incoming first-grade children in order to 
choose those who were average and above average. Parental consent 
was obtained. ^"^ Each year approximately 25 more children from cen- 
tral city Rochester schools will enter the first grade in West Irondequoit, 
until the number of inner-city children reaches 300. Under the plan, 
no more than four and no less than two Negro children are assigned to 
the same classroom. Rochester pays the tuition and provides the trans- 
portation for the children participating in the program. Most of the 
tuition and transportation costs are reimbursed by the State and by Fed- 
eral funds under Tide I of the Elementary and Secondary Education 
Act.^''' 



''' Ibid. 

"^ Allen Report, 8. 

^"■^ USCCR Staff Report, Rochester and Syracuse, 29. 

^ Ibid. 

'== Ibid. 

"^ Id. at 29-30. 



151 



At the Commission's Rochester hearing, William C. Rock, Adminis- 
trative Director of Planning and Research for the Rochester school system, 
reported on an evaluation of the program conducted by the Rochester 
and West Irondequoit school systems. Among the conclusions reached 
in the study was that "the program is working well and that children at 
this time are benefiting from the experience." ^" When the achieve- 
ment of the transferred students and a matched group of students in the 
sending school was compared, it was found that children in the group 
going to West Irondequoit were reading consistently at grade level, while 
the children in the matched control group at the sending school were 
not reading consistently up to grade level.^^^ 

All of the children involved in the first year of the West Irondequoit 
program returned during the 1966-67 school year.^^^ Two parents of 
Negro children participating in the program testified at the Commission 
hearing in Rochester that their children had had normal school experi- 
ences and had adjusted well to school. 



130 



Boston. — The population of the Boston Metropolitan Area in 1960 
was more than 2.5 million. About 3 percent were Negroes who were 
concentrated primarily within the city of Boston."^ In September 1966, 
an organization known at METCO ( Metropolitan Council for Educa- 
tional Opportunities) — a group of private citizens from Boston and 
surrounding suburban communities who are concerned with educational 
problems in the metropolitan area — began a program under which 220 
children are bused from the predominantly Negro Roxbury-North Dor- 
chester and South End areas of the city to public schools in seven suburban 
communities."' The students selected came from different social class 
backgrounds and spanned a range of ability. Student participation in 
METCO is voluntary and the communities taking part have committed 
themselves to educate the participating children until their graduation 
from high school."^ 

The METCO program, funded by a private foundation and the U.S. 
Office of Education under Title III of the Elementary and Secondary 



^" City School District, Rochester, N.Y., An Interim Report on a Cooperative 
Program Between a City School District and a Suburban School District, 16 (July 
20, 1966). 

^=* Id. at 4. 

^ Testimony of Erie Helmer, Superintendent of West Irondequoit, Rochester 
Hearing, 237. 

"» Id. at 262-265. 

^ U.S. Bureau of Census, Census of Population and Housing: 1960, PHC(l)- 
18, table P-1, at 14. 

"=■ Boston Hearing, 291-92, 295. 

"' Id. at 296. 

152 



Education Act/^* also is eligible for State assistance under a recently 
passed law."^ 

METCO leaders hope to expand the busing program next year to 
include more students and additional communities. Plans to involve 
300 additional Boston children in the 1967-68 school year have been 
announced. ^^'^ Three additional suburban communities have committed 
themselves informally to participate in METCO next year and 22 other 
suburban communities have indicated some interest. ^^' 

Hartford. — Of the more than 500,000 persons who live in the Hart- 
ford, Conn., Metropolitan Area, nearly 30,000 are Negroes, 25,000 of 
whom live in the city of Hartford.^^^ Since September 1966, 267 Negro 
elementary school children have been bused from predominantly Negro 
schools in Hartford to 33 schools in 5 surrounding suburban commu- 
nities. The program, "Project Concern," is supported by Federal and 
private foundation funds, and by money from the State and from the 
city of Hartford. The children from the inner-city schools were chosen 
at random and no child was excluded because of his ability or achieve- 
ment level. Less than 5 percent of the children selected declined to 
participate. The final bused group was 88 percent Negro, 10 percent 
Puerto Rican, and 2 percent white. The 267 children were assigned 
to the suburban schools on a vacant seat basis, but with a limit of three 
Hartford students to a class.^^'' 

Each child has been placed in the grade he would have attended in 
the city schools. A supportive team consisting of a teacher and a non- 
professional teacher's aide has been provided for every 25 city children. 
These teams work with the regular classroom teachers and are concerned 
primarily with remedial educational activities, to be carried on in small 
racially mixed groups, and with home-school liaison. ^^" 

These metropolitan programs affect very small numbers of Negro chil- 
dren and they do not reduce racial isolation in city schools. In spite 
of their current limitations, however, they show promise. Plans extend- 
ing beyond central city limits and involving the wider metropolitan area 
have potential for affecting greater numbers of students and schools than 
plans confined to the cities alone. This, obviously, is true of cities which 
have majority-Negro student enrollments. 



"' USCCR Staff Report, Boston, at 31. 

"" Id. at 32. 
^'^ Ibid. 

'^U.S. Bureau of Census, Census of Population and Housing: 1960, PHC (1)- 
61, table P-1, at 14. 

"° Connecticut State Department of Education, Project Concern (Sept. 20, 1966). 
^^'Ibid. 

153 



Progress in reducing racial isolation in city schools has not been 
extensive. In a number of smaller communities, efforts to eliminate 
school segregation have been successful. A variety of techniques has 
been used, mainly involving the enlargement of school attendance areas ^ 
to overcome residential segregation. 

In the Nation's large urban centers, comparatively little progress has 
been made. Larger areas of racial concentration and rapid racial turn- 
over in peripheral areas have made it difficult for big city school systems 
to reduce racial imbalance. Techniques that may produce total desegre- 
gation in small communities appear to provide few lasting solutions in 
large cities. In many large cities, school desegregation cannot be achieved 
without substantial revision of school assignment policies. 

In some cities, Negro students already constitute a majority of the 
public school enrollment. In these cities, solutions not involving sub- 
urban participation no longer are possible. John Fischer, reviewing the 
progress of school desegregation in big cities, has written : 

Twelve years of effort, some ingeniously pro forma and some 
laboriously genuine, have proved that desegregating schools . . . 
is much more difficult than it first appeared. Attendance area 
boundaries have been redrawn; new schools have been built in 
border areas; parents have been permitted, even encouraged, to 
choose more desirable schools for their children; pupils from 
crowded slum schools have been bused to outlying schools; "Negro" 
and "white" schools have been paired and their student bodies 
merged ; but in few cases have the results been wholly satisfactory. 
Despite some initial success and a few stable solutions, the con- 
sequences, for the most part, have proved disappointing. Steady 
increases in urban Negro population, continuing shifts in the racial 
character of neighborhoods . . . produce new problems faster 
than old ones could be solved. ^*^ 

In a few large cities, metropolitan programs are emerging. Small 
in number and impact, they nevertheless are promising first steps. 

Factors in Successful School Desegregation 

Whether school desegregation is effective depends on a number of 
factors. These include the leadership given by State and local officials; 
the application of the plan to all schools in the cornmunity ; the measures 
taken to minimize the possibility of racial friction in the newly desegre- 
gated schools; the maintenance or improvement of educational standards; 
the desegregation of classes within the schools as well as the schools 
themselves, and the availability of supportive services for individual 
students who lag in achievement. 



''^App. D-2.1 at 253-254. 
154 



State and Local Leadership 

Leadership by State and local officials is an important factor in success- 
ful school desegregation. 

The Connecticut State Department of Education was primarily re- 
sponsible for initiating the Hartford program involving the busing of 
inner-city children to surrounding suburbs/^- State leadership also was 
crucial in initiating school desegregation in Springfield, Mass/^^ Sup- 
port by the New Jersey Commissioner of Education, along with the 
determination of local officials, was a significant factor in reducing 
racial imbalance in the Englewood schools.^** 

At the Commission's Rochester hearing, James Allen, the New 
York State Commissioner of Education, stressed the importance of local 
leadership in making school desegregation work: 

The leadership of the school authorities, the leadership of the 
school superintendent — is a tremendous factor here. His attitude, 
his courage and the attitude and courage of the school board can 
do a great deal to help work this out in a peaceful and harmonious 
fashion . . . where the community attacks this problem as a com- 
prehensive one . . . and gets ahead of it there is more success."^ 



"^ Staff interview with Dr. Alexander J. Plante, State director of the Office of Pro- 
gram Development; Mrs. Trude Johnson, assistant director of Project Concern; 
Thomas Mahan, director of Project Concern ; John McManama, elementary school 
principal, Farmington, Conn. ; Mrs. Conners, teacher, Farmington, Conn. ; Edward 
Sullivan, principal of Union School, Farmington, Conn. (Sept. 27, 1966). State 
officials conceived and implemented the busing program. The State provided a grant 
of $20,000. 

"" The Springfield School Committee had taken little concrete action to end school 
segregation until it became apparent that the State Board of Education would require 
action. In April 1965, the State Board's Advisory Committee on Racial Imbalance 
and Education issued a report recommending State legislation requiring school 
districts to take steps toward eliminating racial imbalance. {Because It Is Right, 
20.) In August 1965, State legislation was passed providing that if racial im- 
balance was found, school systems would be required to submit a desegregation plan. 
The legislation also provided that if a district refused to do so, the State could defer 
school aid funds. Massachusetts Acts 1965, ch. 61. 

In June 1965, before enactment of the State legislation, the then superintendent 
of schools, Joseph McCook, commented : "Because the State, the Governor, and the 
Commissioner have taken so strong a stand, the administration believes that signifi- 
cant steps can and should be taken now to implement a Springfield plan [to eliminate 
racial isolation]." Springfield School Committee Minutes (June 3, 1965). 

A limited open enrollment program began operating in September 1965. After 6 
months of negotiation, a new Springfield plan for reducing racial isolation was ac- 
cepted by the State. Staff interview with Dr. Helen Thicnert, director. Department 
of Research, Springfield Public Schools, Sept. 16, 1966; Springfield Public Schools, 
Revised Springfield Plan for the Promotion of Racial Balance and the Correction of 
Existing Racial Imbalance in the Public Schools (Apr. 1, 1966). 

"^ In Englewood, N.J., the superintendent and the board committed themselves 
to a desegregation plan, but were opposed by elected city officials. The State Com- 
missioner of Education ruled that Englewood must desegregate. The board then 
created the central sixth-grade school for all students, and in 1966 created an addi- 
tional central grade school. (See Stout Study, VIII-26, 42, 63.) 

^^ Rochester Hearing, 407-08. 

155 



Samuel McDonald, the Coatesville, Pa., School Superintendent, 
has stated his view of the school system's responsibility : 

We felt it was our job to make a decision, inform our citizens of 
our decision, and then stick to it. And it's just exactly what we 
did."« 

Involvement of All Schools in the Community 

Another important factor in successful school desegregation is the I 
involvement of all schools in the community. Where desegregation 
affects only part of the community, the affected parents may feel resentful 
at being required to contribute to the solution of a problem which other 
parts of the community remain free to ignore. 

In some of the cities discussed above, early plans involved only a small 
proportion of the schools and affected only isolated segments of the com- 
munity. As a result, substantial opposition was generated among the 
white and Negro parents upon whom the entire burden of desegregation 
descended. Opposition diminished when the plans were made more in- 
clusive. In Berkeley, Calif., for example, an early proposal to adjust the 
attendance area boundaries of the predominantly white and the pre- 
dominantly Negro junior high schools aroused opposition, principally 
from a group called Parents for Neighborhood Schools. Opposition de- 
creased when the plan for the creation of a central ninth grade school, 
affecting all junior high school students, was proposed/*^ 



"" "Coatesville, Pa." School Management at 94 (March 1964). Strong local lead- 
ership also was instrumental in achieving school integration in Evanston, 111., and 
White Plains, N.Y. In September 1966, the initial phase of the Evanston, 111., pro- 
gram to end school segregation began. Wakefield, The Computer Helps Desegregate 
Schools, 5 (undated). Despite community opposition. Superintendent Coffin and the 
board stood firm and on Nov. 21, 1966, the board voted unanimously in favor of full 
desegregation. Chicago Tribune, Sept. 11, 1966, sec. 1, p. 10; Chicago Sun Times, 
Nov. 22, 1966, p. 1. In White Plains, the superintendent and board, with help 
from the State, devised a desegregation plan. Despite considerable community oppo- 
sition, the board and superintendent stood firm behind their plan. Stout Study, 
1-6-9. Leadership by the Superintendent and Board in West Irondequoit, New York 
was in large measure responsible for the adoption and implementation of the program 
to accept Negro students from the city of Rochester. Anticipating opposition to the 
proposal, the school administration gained the support of teachers and parents' groups 
before publicizing the program. Despite charges that the Board had acted illegally 
and threats of a referendum, the Board stood by its policy. After a year of the pro- 
gram, the Superintendent reported that community anxiety had relaxed considerably. 
Rochester Hearing, 232-34. 

^" Stout Study, VII-87. In addition to Berkeley, Englewood, N.J., and White 
Plains, N.Y., took steps to assure system-wide involvement when desegregation occurred. 
For example, the creation of the central school in Englewood, N.J., for all sixth 
graders, and later for all fifth graders, means that all children in those grades attend 
the central school. The other elementary schools were affected because Negro 
students from the one remaining racially isolated elementary school were assigned to 
schools throughout the system. (Stout Study, VIII-63.) In White Plains, N.Y., de- 
segregation has extended to all grade divisions within the system, and the school board 
has ruled that all schools will have a minimum Negro enrollment of 10 percent, but 
that in no school will,Negro enrollment exceed 30 percent. (Stout Study, 1-4; 11-12.) 



156 



Jl 



Minimizing the Possibility of Interracial Friction 

The success of school desegregation also depends on the degree to which 
administrators and teachers are able to create conditions under which 
Negro and white students who are brought together in the school and the 
classroom are able to understand and accept each other. 

Interracial friction in a nominally desegrated school can cause hard- 
ships for particular pupils and adversely affect student attitudes and 
achievement. In the Office of Education survey, teachers were asked to 
report on the extent of friction between racial groups in their schools. 
Figure 6 shows a clear relationship between student attitudes and achieve- 

'igure 6: Effects of tension on attitudes and performance of 
9th grade Negro students in desegregated scfiools 



I I Schools where few teachers report tension 
. ' Schools where about one-half the teachers report tension 



100% 



75 — 



Student 
Characteristics: 




50 — 



Students with definite/\students who believe 
college plans hard work rather 

than good luck 
leads to success 



Equivalent achievement 



Source : USCCR analysis of OE Survey data. See App. CI. 



157 



ment and the degree of such friction. The achievement of Negro 
students is adversely affected where there is a high degree of friction/" 
Thus, the survey, commenting on the successful desegregation of a pre- 
viously all-white "prestige" junior high school in Berkeley, Calif., stated: 

The Garfield experience to date supports forcefully at least one 
conclusion: successful integration requires much more than re- 
districting, much more than feeding Negroes and whites into the 
same school. Great efforts must be made to anticipate frictions, 
provide flexible and motivated staff, and prepare all students for 
the new experience to come.^*° 

School systems which have desegregated their schools have recognized 
the importance of maintaining a positive interracial climate. When 
middle class white students entered West Campus Junior High School in 
Berkeley, formerly a predominantly Negro school, they were met by 
a teaching staff which included white and Negro teachers who were well 
trained and highly motivated to make desegregation work. The staff 
held orientation sessions with white and Negro student leaders prior to 
the opening of school, sponsored numerous clubs and other extracur- 
ricular activities open to students of both races, and accepted responsi- 
bility for firm and consistent discipline throughout the school.^^" 

In some cities it was felt that adding Negro teachers to the faculties 
of previously white schools might facilitate interracial student associa- 
tion.^^^ In New York City, the school system, electing to bus Negro 
children to a majority-white school, arranged to have white parents and 
teachers welcome Negro parents and children to the school; white and 
Negro parents attended parents' meetings in both Negro and white 
neighborhoods.^^- Berkeley has "student-teacher concern" boards, which 
receive student grievances, discuss the situation, and make recommenda- 
tions to the principal.^^^ These boards operate as safety valve devices. 

In some cities the task of reducing tensions was looked upon as a com- 
munity-wide responsibility. In Kansas City, Mo., a group of women 
formed a special council through which parents, ministers, and represent- 
atives of various community groups discussed with school officials the 



'^^ See app. C-1 , Tables 6.1, 6.2. Whites also are adversely affected. 8.12. 

^'' OE Survey, A^^ ■ 

^^° Id. at 477-478. 

^^^ Under Philadelphia's volunteer teacher transfer program, for example, 15 schools 
with all-white faculties received Negro transfer teachers in the 1965—66 school year. 
School district of Philadelphia, Progress Report on Integration in the Philadelphia 
Public Schools, [3 March 1966]. The purpose of the program is to provide that "stu- 
dents of today, who will be the leaders of tomorrow, have opportunity to know and 
work with competent, experienced, understanding teachers of different racial and 
ethnic backgrounds." Report of the Special Committee on Nondiscrimination of the 
Board of Public Education of Philadelphia, Pa., 177 (July 23, 1964). 

'^=U.S. Commission on Civil Rights, Teachers Conference, 19-20 (Oct. 18, 1966, 
original transcript of proceedings [Hereinafter cited as Teachers Conference]). 

^''Id.at 11. 

158 



problems involved in helping students adjust from segregated grade 
schools to desegregated high schools.^^^ 

Another contribution to interracial understanding has been the in- 
troduction of multiracial curriculum materials. Integrated teaching 
materials often are used in newly desegregated schools. For example, in 
Syracuse, an integrated basic reader is used in all elementary schools. In 
addition, the history of Negro Americans has been incorporated into 
the regular curriculum for the 1966-67 school year at all grade levels.^^^ 
The Berkeley schools have published a book based on the experiences of 
minority children participating in an all-day field trip.^^" In other 
school systems teachers developed their own biracial materials when the 
school system did not provide such materials or where, though provided 
by the system, the materials were judged inadequate.^^^ 

Maintenance of Educational Standards 

Educators and parents have pointed out that school desegregation can 
be of benefit not only to Negro children but to white children as well. As 
William Rock put it at the Commission's Rochester hearing, "Hopefully 
when these [desegregated white] children are adults, they will not be 
among those who tell us that they do not like Negroes and that they do 
not want their children to talk with or associate with Negro children." ^^^ 
A Negro parent at the same hearing pointed out that "It is . . . fine for 
a . . . non-prejudiced white parent to say to their child, 'Negro children 
are just as good as you are' . . . [but] I would imagine they are thinking, 
'well, where are they? How come they don't live next door to us? How 
come they don't attend schools with us?' " "'^ 

There are important educational values inherent in the development of 
a realistic, unprejudiced view of the world in which one lives and works. 
Such a view requires the ability to relate realistically and without distor- 
tion to human beings who constitute a substantial segment of one's own 
society. A Negro parent at the Rochester hearing said, "Education 
in my opinion is preparing yourself to live and work in the world, and in 
this respect your education is definitely lacking if you are not being pre- 
pared to live and work with all types of people." ^*^° 



''' Ibid. 

'^ Stout Study, V-60. 

^ Berkeley Unified School District, On the Go — Boys and Girls Exploring the 
San Francisco Bay Area (1966). Photographs taken on the trip were posted and 
the children's responses to them constitute the core of the book's text. 

^ Stout Study, 11-33. Teachers in Greenblirgh No. 8 made their own social studies 
textbooks, using old copies of Ebony magazine to supplement the regular textbooks. 

^ Rochester Hearing at 208. 

^^/rf. at 266-267. 

"^ Id. at267. 

159 



Earle Helmer, Superintendent of Schools in West Irondequoit, N.Y., 
asked at the Rochester hearing whether the white children in the school 
benefited from the busing program, replied : 

. . . [I]f we look at the reports that are available from outstanding 
educational leaders . . . there could be little doubt about it that 
this is not only educationally sound for the youngsters coming into 
the district, but it is educationally sound and enriching for the 
youngsters who are already in the district . . . [and] these young- 
sters are having some experience because of the interaction with 
inner-city children that they would be denied otherwise.^''^ 

Some parents and educators concede these |X)tential benefits but are 
concerned that school desegregation may impair the academic achieve- 
ment of white students. 

In the preceding chapter it was shown that differences in the social class 
level of schools can affect the achievement of both Negro and white stu- 
dents. Table 2 — based on further analysis of the survey data — shows 
that the achievement of white students in classes which are roughly half 
or more than half white is no different from that of similarly situated 
students in all-white classes. ^"^ 

Administrators in school systems which have desegregated their schools 
report that there is no evidence that white students have suffered aca- 
demically. In White Plains, N.Y., for example, although some white 
parents feared that desegregation would cause their children to fall 



Table 2. — Performance of 12th-grade white students in all- and majority-white 

classrooms 







Proportion white class- 




School average: Parents' education 


mates last year 


Individual's parents' education 










More than 


All 






half 








I 


II 


Less than high school 


Less than high school 


10.3 


10.1 


graduate (low). 


graduate (low). 








High school graduate or 


11.3 


1L4 




more (high). 






High school graduate 


Less than high school 


11. 1 


10.9 


(medium). 


graduate (low). 








High school graduate or 


12.2 


12.2 




more (higti). 






At least some college 


Less than Mgh school 


12.3 


12. 1 


(high). 


graduate (low). 








High school graduate or 


12.8 


12.9 




more (high). 







SOURCE : USOCR analysis of OE Survey data. See App. CI. 



""/d. at 239-240. 

"=■ See app. C-1 , tables 8.0-8.12 at 134-42. 



160 



behind academically, the superintendent reported that the continued 
progress of the children soon allayed their fears. "^ 

Many educators nevertheless stress the need to combine school desegre- 
gation with improvements in the quality of education for all students. 
Neil Sullivan, the Berkeley Superintendent, has written : 

Desegregation must be combined with a general program of 
educational improvement . . . [large] segments of our communi- 
ties, unconvinced of the educational necessity for integration, must 
be shown that the new program is in the best interests of all 
children. 1-'^ 

Several school systems have accompanied school desegregation meas- 
ures with steps to improve educational standards in the desegregated 
schools. In desegregating its three junior high schools, Berkeley reduced 
the pupil-teacher ratio in all three schools: the lowest ratio was estab- 
lished in what was formerly the only predominantly Negro school.^*^^ 

In a number of other communities apprehension about the possible 
lowering of educational standards was the central point of opposition to 
school desegregation. To meet such fears school districts sometimes 
have established desegregated schools as demonstration or experimental 
schools. In Xenia, Ohio, for example, an all-Negro elementary school 
was closed in 1964 and converted into a demonstration school. The 
school is supported by a $250,000 grant which enables it to employ new 
educational techniques. A cross-section of children in the community 
attend the school. Asked if the plan might fail because of the fears of 
white parents concerning the quality of the school, the school super- 
intendent replied : 

Not at all. . . . Remember everyone attending this school wants 
to be here. It's the city's prestige school. Kind of a status 
symbol.^*' *^ 

Avoidance of Racial Isolation Within the Desegregated School 

Although the academic achievement of Negro students is likely to 
increase when they attend racially desegregated schools, such desegrega- 
tion does not usually entirely eliminate the achievement gap, particularly 
for disadvantaged children. '*'' The explanation may lie in the residual 
effects of previous experience in racially isolated schools, the effects of 
poverty, or both. 

If, in a newly desegregated school, children attending the same grade 
are grouped in separate classrooms on the basis of their achievement 
level, the result may be the establishment of racially isolated classrooms 

^'^ Staff telephone interview with Supt. Carroll Johnson, Jan. 4, 1967. 

''' A pp. D-2-5 at 287. 

^^ Stout Study, YU-l\2. 

^^ School Management, at92-93 (October 1966). 

'" See, for example, App. C-1 , Table 4.4, at 70-71. 



161 



within the nominally desegregated school. Data from Commission 
studies show that many Negro students who attend majority-white schools 
in fact are in majority-Negro classrooms. These students generally 
perform at the same levels as Negro students in majority-Negro schools.^®' 
Some school systems have devised measures to meet this problem. In 
White Plains, N.Y., for example, students are grouped pursuant to a 
poHcy of planned heterogeneity. Each class has a wide range of ability 
levels as well as a balance of races, sexes, and social class."^ 

Remedial Assistance 

The foregoing discussion is not intended to assess the value of abiUty 
grouping per se. While it is possible in some cases, by avoiding rigid 
ability grouping, to forestall racial isolation within the nominally desegre- 
gated school, the root of the problem is continued academic disadvantage. 
Several school systems have instituted remedial services designed to meet 
this problem. 

Many Negro children attending desegregated schools are able to com- 
pete successfully without special help.^'" However, in desegregated 
schools with disadvantaged Negro pupils, it often has been found that 
supportive services are needed. Such services include tutoring programs, 
reduced class size, increased teaching staff, and teachers' aides.^'^ All of 
these measures enable teachers to devote more time to the needs of indi- 
vidual children.^'- In addition, efforts also have been made to improve 



"" Stout Study, VIII-54-55; VII-173 Supra. For performance levels see App. C-1, 
Tables 5.1, 5.2, and 5.3, at 86-88. 

^"^ The assignment of pupils to classrooms follows the principle known as the "good 
working group" policy. {Stout Study, 1-18-19.) White Plains Superintendent Car- 
roll Johnson has said that the "good working group" policy includes a racial balance 
in most classes. Staff telephone interview with Superintendent Carroll Johnson, 
Jan. 4, 1967. 

"" Dr. Charles Brown, superintendent of the Newton, Mass., public schools, testified 
that it was not necessary to provide additional services for the Negro children bused 
in from Boston: "These youngsters may or may not have . . . educational problems. 
The teachers reported to us that they represent much of the same spread of problems 
that they have faced in the past and any attention they receive as individuals will 
be a reflection of the total range of specialized programs that we have [and] which 
we are going to add to in the future ... to improve the total school system." 
Boston Hearing at 364. 

"^ The Teaneck school system developed a new program in 1965 to identify in- 
dividual reading problems. Stout Study, VI-35; the Tutorial and One-For-One Pro- 
grams developed in Englewood provide help and attempt to stimulate motivation. 
Supra VIII-67, 77-78; supportive services in Berkeley schools include teacher aides; 
remedial reading programs and reduction of class size in English in lower tracks in 
secondary schools. S'uj&ra VII-133, 140; 152. 

"=" White Plains Public Schools, Project Able 1961-66 at 4 (July 15, 1966). 
One of the stated goals of White Plains' Project Able is to provide individualized 
instruction through the use of volunteers. See also: Greenbui^h School District No. 
8, Project Able, Summary and Evaluation of 5-Year Program at 21-22 (July 1, 
1966). 

162 



the sensitivity of teachers to the learning problems of Negro children 
through in-service training/" 

Such programs operate in a number of cities studied by the Commis- 
sion, including Berkeley, Englewood, Teaneck, Syracuse, White Plains, 
and Greenburgh No. 8. Administrators in these cities believe that such 
programs will prove successful. The programs, however, are a recent 
phenomenon, and evaluations are not complete. In Greenburgh No. 
8, where the program has been in progress for four years, recent results 
suggest that the combination of remedial assistance and desegregation 
will improve student achievement.^"* 



Plans and Proposals 



In small communities, school desegregation plans creating schools de- 
signed to serve a broad spectrum of the community have been imple- 
mented. The plans are regarded by educators in these communities as 
educationally beneficial, and they have met with community acceptance. 
In large cities, the problems involved in establishing desegregated schools 
to serve a wider community are more complex. Nevertheless, plans and 
proposals for schools of this kind have been developed. 

The proposals have two basic features in common. They would 
broaden school attendance areas to assure a more heterogeneous school 
population, and they would improve substantially the quality of edu- 
cation. Those proposals which are discussed here fall into three cate- 
gories: supplementary centers and magnet schools, education com- 
plexes, and education parks. 

Supplementary Centers and Magnet Schools 

Proposals for supplementary centers and magnet schools would estab- 
lish specialized school programs either in existing schools or in new fa- 
cilities. Students from all or many parts of the city would attend, usually 

"^ See, for example, Greenburgh Evaluation, supra note 172, at 1, 2. See also 
Stout Study, at VII-161 ; VIII-80 ; VI-36. 

^'* The Greenburgh evaluation found that the third experimental group showed 
greater gains at the end of first grade, after 2 years of the program, than the two 
previous experimental groups as well as the controls. The first group had been largely 
Negro. The third included more white children. It was felt that the aspirations 
and attitudes of teachers, children, and parents had improved. The evaluation did 
not attempt to assess which single factor contributed most to greater achievement. 
Greenburgh Evaluation, op. cit. supra note 172 at 1-3, 7, 20-23. The White 
Plains evaluation found: "A review of the scores shows that some individual children 
in both Able and Control Groups have made tremendous gains. . . . Others have 
shown a marked loss." The evaluation then goes on to say: "At this point it cannot 
be claimed that Project Able has had a marked effect on achievement. . . . Too little 
time has elapsed to know what the effect may ultimately be." White Plains Evalua- 
tion, op. cit. supra note 172 at 34. 

163 



on a part-time basis. By providing education of better quality and by 
drawing students from a large area, the proponents hope to stem the 
movement of white families to suburbs and to maintain such centers 
as institutions desegregated by race and social class.^'^ 

Supplementary Centers 

Plans for supplementary centers would provide a portion of a child^s 
education at the center. Depending on the plan, a child might spend 
as much time as two days a week or as little time as a few days each year 
at this institution. 

In 1965 Mount Vernon, N.Y., developed plans for a "Children's 
Academy." ^'^ The facility would be designed to reduce racial imbal- 
ance and, by improving the quality of education, retain middle-class stu- 
dents in the schools. ^^' Six thousand to 6,500 children in the elementary 
grades would spend 40 percent of their time at the academy.^^^ The 
course work would be so organized that children would attend classes 
without regard to age or grade level and would be grouped on the basis 
of interest, need, and ability.^'^ The program would supplement the 
basic academic skills taught in the neighborhood schools.^*" Economies 
of time made possible by the central facilities would enable the classwork 
to be handled by subject specialists to a greater extent than at present.^*^ 

Cleveland, Ohio, recently began operating a supplementary center.^*^ 
The center provides special educational programs for the 14,000 sixth- 
grade students in the city's public and parochial schools. Each day about 
300 children attend. They are selected so that the student body in the 
center is racially integrated.^^^ 

Each class remains intact with its teacher, but is combined with other 
classes for various activities. The areas of study include local history, 
science, and the space age ; each day ends with a concert attended by all 
children. It is estimated that each sixth-grade student will attend about 
four times a year. Under present plans, this center will serve as a pro- 

"® Board of Education, Mount Vemon, N.Y., A New Concept in School Organi- 
zation: The Children's Academy at 22-23 (undated brochure). "If to keep 
families in the city will require schools to be superior to those in the suburbs, then 
Mount Vernon has an answer: The Children's Academy in the City." See also 
National Conference on Education of the Disadvantaged, Special Session, Innova- 
tive Projects for Increasing Quality Education and Promoting Integration at 9. 
"As a result [of Portland's model school program], it is anticipated that the trend 
of middle-class white out-migration . . . will be halted . . . ." 

"* Board of Education, Mount Vemon, N.Y., op. cit. supra note 1 75 at 4. 

'"/cf. at 4, 5, 22, 23. 

"* Interview with Dr. Alfred Fronko, director of community-school relations. 
Mount Vernon Public Schools, Oct. 17, 1966. 

™ Board of Education, Mount Vemon, N.Y., op. cit. supra note 175 at 9, 14. 

""/rf. atl4. 

"^7rf.atl2. 

^^ Interview with Donald Quick, director of Supplementary Education Center, 
Cleveland Public Schools (October 1966). 

'«' Ibid. 



164 



J 



totype for a larger facility serving many more children and offering 
greater program diversity.^^* 

Magnet Schools 

Magnet schools which offer specialized courses designed to attract 
white as well as Negro students constitute a variation of the specialized 
high schools found in many of the Nation's cities, such as Bronx Science 
in New York and Boston Latin in Boston. 

Philadelphia has begun a program providing for magnet schools/^^ 
financed in part with Federal funds. When fully implemented, three 
senior high schools will have sp>ecial academic programs. Each school 
will have one area of specialization : commerce and business, space and 
aeronautical science, or government and human service. ^^'^ 

In addition, two desegregated middle schools serving grades 5 through 
8 have been proposed; each will stress individualized instruction, in- 
novations in teaching, and the flexible grouping of students. Four 
elementary schools will have intensive programs in reading and science, 
again stressing individual attention for students.^®' School officials 
view the middle and elementary magnet schools as a means of retaining 
a racial balance in the student population by providing superior 
education.^®* 

Los Angeles, Calif., plans to convert three senior high schools and 
four junior high schools into magnet schools.^*^ The schools are located 
relatively near each other in an area of racial transition. One 
special center will be installed in each school, offering intensive instruc- 
tion in one or more advanced curriculum areas, such as data processing, 
foreign languages, and advanced mathematics. Enrollment will be 
voluntary. A student who elects to participate in the program will attend 
his neighborhood school for part of the school day and be transported 
to the magnet center for his special course work. While the magnet 
schools initially will serve only students living in the attendance areas 
of the magnet schools, school officials have indicated that after the pro- 



^^ Ibid.; Cleveland Public Schools, Cleveland, Ohio, Supplementary Educational 
Center (undated brochure). The prototype will serve as a center for approximately 
2 years. A permanent center will be designed during the prototype operation to 
accommodate thousands of students daily in the downtown area. 

^^ The program began in September 1966 at 3 elementary, 2 middle and 3 high 
schools. (New York Times, 34, January 11, 1967.) For a description of the Plan- 
ning Project and the use of Federal funds, see U.S. Office of Education, Pacesetters 
in Education: Descriptions of First Projects Approved Title III, Elementary and 
Secondary Education Act of 1965 at 85 (February 1966). 

^'^ Interview with David Horowitz, Associate Superintendent in charge of planning, 
Philadelphia Public Schools, Oct. 17, 1966. 

'^ Ibid. 

^^^ "The Board of Education Reports on Schools for a Greater Philadelphia," Sup- 
plement of The Philadelphia Inquirer, 5-6 (Apr. 3, 1966). 

'* U.S. Office of Education, Projects Approved Under Title III Elementary and 
Secondary Education Act: September 1, 1966 Deadline, 2 (Nov. 14, 1966). 

165 

243-637 O - 67 - 12 



gram is in operation children from elsewhere in the city will be encour- 
aged to take special courses at the magnet schools/^" | 

While supplementary centers and magnet schools provide advantages 
over traditional school arrangements in achieving a degree of school 
desegregation, each device has limitations. Supplementary centers draw 
students only on an intermittent basis and often may not afford a sub- 
stantial and extended experience in a desegregated setting. Magnet 
schools depend upon student choice and are limited by available space. 
In both cases, the regular schools in the system remain relatively 
unaffected. 

Education Complexes 

Proposals for education complexes would broaden attendance areas 
by grouping existing schools and consolidating their attendance zones. 
The clusters might then draw a more racially and socially heterogeneous 
student body. Specialized teachers and facilities could be made avail- 
able to more students. 

The only fully developed proposal for a system of education com- 
plexes known is a comprehensive plan for the New York City pubUc 
schools designed by the Center for Urban Education in New York at the 
request of the State Commissioner of Education.^®^ This proposal would 
create complexes for the entire city. Each would serve almost 6,000 
students, about two-thirds in the lower and middle elementary school 
grades, and the remainder in the upper elementary and junior high 
school grades. ^^- 

Each complex would consist of two to eight elementary schools, all feed- 
ing one to three middle or junior high schools. Complexes might be 
arranged so that all elementary schools would be within approximately 
20 minutes by bus from each other. ^^^ As in the magnet schools and 
supplementary centers, dividends in educational quahty would arise 
from the more specialized services which the complexes would be able 
to offer students. The proposal stated, "The complex can make scarce 
faciUties available to more children." ^^* Presently, the proponents 
suggest, the critical resources of education — such as guidance counselors, 
special teachers, and research — may be diffused thinly and unevenly 
throughout school systems."^ 



"" Staff interview with Dr. Henry Handler, Los Angeles Unified School District 
(Oct. 17,1966). 

"^ Dentler, et al., "The Education Complex Study Project," in Integrated Edu- 
cation, 21-30 (June-July, 1965). See also: Allen Report, 18-20. 

'^Dentler, op. cit. supra note 191, at 27. 

'"'Id. at 27, 22. 

'"* Id. at 23. Individual schools lacking adequate play space or equipment, for 
example, could share the more adequate facilities of other schools in the system. 
Auditorium, gymnasium, special project, art and music, and diagnostic service space 
are all unevenly distributed at present. 

'«« Ibid. 

166 



In the complex, it is suggested, a broad range of specially trained 
teachers could be utilized efficiently to meet a greater variety of student 
needs. 

[TJeachers may be "pooled" administratively so that the best 
ways of combining their time and skills, whether through sharing 
of common classes or exchanges of students or in other ways, can 
be employed. . . . Teacher exchanges can make teaching in- 
novations more feasible and less costly. Teachers with unique 
skills can increase their impact on students by periodic release from 
the confines of a single class within a single school. The same 
principle applies to special and remedial teachers. ^^*^ 

The authors point out that special classes could be established in the 
component schools, each class centering on a particular subject area or 
upon a group of students with special abilities, interests, or problems. 
The central facility, the middle school, could contain even more special- 
ized services. It would offer supplementary training for teachers and 
house the administration and facilities for research and social services.^®^ 

The authors believe the complexes would permit decentralized ad- 
ministration, since each cluster of schools could function as a relatively 
independent organizational unit. It is felt that this would promote orga- 
nizational efficiency and faciUtate the involvement of parents. The au- 
thors also suggest that by offering better education to students and 
improving teaching conditions, the complexes might help retain good 
teachers and middle-class children in the city public schools. They 
conclude that in New York, although they would not eUminate segrega- 
tion, in concert with other changes, they would have a significant effect. 
In other smaller cities this plan might have an even broader impact.^^^ 

Education Parks 

Plans for education parks embody an idea similar to the concept of 
the complexes. Expanded attendance areas would be combined with 
centralized facilities to achieve racial desegregation and improve the 
quality of education. In recent years these proposals have received con- 
siderable attention from city school systems and educators. 

There are two important differences between education park pro- 
posals and the proposal for education complexes. First, the parks 
would be new facilities consolidating a range of grade levels on a single 



"^ Ibid. 

"^Ibid. 

"' Id. at 22-24. The complex proposal in New York City does not provide full 
desegregation in the elementary schools. Full desegregation was discussed only 
for the middle grades. This is not an inherent limitation. Other communities could 
extend the concept so that the elementary schools would be required to desegregate 
as well. 

167 



Illustration 3. Syracuse Campus Plan 




THE 31 ELEMENTARY SCHOOLS WOULD BE CLOSED 
AND ALL STUDENTS WOULD ATTEND ONE OF FOUR EDUCATIONAL 
CENTERS. 



O REFERS TO CORE CENTER 
Q REFERS TO SCHOOLS 

* THE NORTH SITE HAS NOT YET BEEN SELECTED 



campus or site. Second, some proposals for education parks also would 
draw students from other jurisdictions. 

An example of a city which plans an education park system is Syra- 
cuse, N.Y. Syracuse, a city of 216,000 population,^"^ which has deseg- 
regated its secondary schools, has begun planning education parks to 
house elementary school students. As Illustration 3 shows, four parks, 
each containing five buildings for elementary classrooms and one cen- 
tral school for specialized services and facilities, would be located on the 



USCCR Staff Report: Rochester and Syracuse, 45. 



168 



outer edges of the city. Each would accommodate approximately 5,000 
elementary students.-°° 

The purpose of the Syracuse park plan is to improve the quaUty of 
education for all elementary children as well as to achieve desegrega- 
tion. At a Commission hearing Dr. Barry, the Syracuse superintendent, 
described his reasoning : 

I was bom not too far from Syracuse in a very small rural com- 
munity. And back then it was the desire of every teacher, every- 
body, to somehow head for Syracuse . . . [it] was the hallmark 
of achievement to be selected to teach in Syracuse. 

The tax base was expanding and growing, industry was moving 
into the city . . . and then somehow . . . everything has gotten 
old in the city and tarnished a bit. The sewers are old, the streets 
are old, the city halls are old and the schools are old. I don't be- 
lieve that ... a school that looks like a suburban school with 
some stone work on it ... is going to keep people in a city.^°^ 

Only education of consistently high quality, he maintained, could recreate 
educational excellence in his city. 

We'd like to have this so it is not only pretty with trees where 
kids could look at it, but inside would be the best bang-up pro- 
grams in education in the United States of America. . . .-°- 

Syracuse school officials believe the parks would enable all students 
to receive greater individual attention. Concentration of school re- 
sources in their view will permit more counseling, greater flexibiUty in 
grouping students for learning, and more efficient use of the abilities 
of individual teachers.^"^ 

Size, Location, and Organization 

Education park proposals thus far generally contemplate a grouping 
of several racially desegregated schools serving a student population 
which may range from 5,000 to 30,000. The proposals vary with re- 
spect to such factors as appropriate size, grade organization, and popu- 
lation to be served. 

One plan, appropriate for smaller cities, would assemble on one cam- 
pus all schools — elementary, junior, and senior high — and all students in 
the community. Another proposed form of organization for larger cities 
would be to assemble in one park all of the school facilities at a particular 
level — for example, all of the middle schools or high schools. Other plans 
for larger cities contemplate a park which would be of comparable size — 



-°" City School District, Syracuse, N.Y., Application for a Federal Grant To Plan a 
Supplementary Educational Center and Services, 8-9 (May 26, 1966). [Hereinafter 
cited as HEW Application Syracuse.] 

""' Rochester Hearing, at 462. 
. '""- Id. at 463. 

°*' Research Department, City School District, Syracuse, N.Y., Research Report 
No. 9-66 (first draft), 3-5 (Feb. 23, 1966). 

169 



assembling two or three elementary, junior, and senior high schools — I 
but which would not serve the entire city. The most comprehensive 
type of proposal for large cities would establish several parks, each serv- 
ing a different section of a city or a metropolitan area.'°* 

Small Cities 

The first type of plan — a single education plaza to serve all children in 
the city — is being developed in East Orange, N.J., a small city of 77,000 
in the Greater New York area."""' The schools of East Orange enroll 
slightly more than 10,000 students, of whom 69 percent are Negro.^"'' 

The plaza will replace all existing schools, and education will be of- 
fered from nursery school through high school. The facilities will in- 
clude a K-4 lower school, a 5 to 8 middle school, and a 9 to 12 high 
school. A central building will house offices, a library and a cur- 
riculum center. East Orange will begin to build the middle school in 
early 1967. Recently the city moved to appropriate funds to permit 
the purchase of a site for the new plaza. "*^^ 

Berkeley, Calif., a city of about 1 20,000, has received a Federal plan- 
ning grant to assist in the development of a system of education parks. 
A 12-acre site, formerly naval project housing land, may be acquired by 
the district as the site for the first education park, depending on the 
outcome of a feasibility study.^"^ 

Larger Cities 

The Board of Education of the City of New York is studying plans for 
an education park similar in organization to the parks planned in Berkeley 
and East Orange, but which would serve only a portion of the city. The 
proposed park, located on a 30-acre site, would include four K-4 schools 
with a projected enrollment of 2,800 children; four 5 to 8 middle schools 
with an enrollment of 3,600 pupils; and a comprehensive high school 
to serve 4,000 pupils.'"^ 

Pittsburgh, Pa., currently is planning an education park system to 
serve secondary school students. Five parks serving 15,000 to 20,000 
students will be built. Every secondary student enrolled in the Pitts- 
burgh public schools would attend one of these parks. Each park would 



'"^App. D2.1, at 255-256. 

^°^ The Board of Education, East Orange, N.J., The East Orange Education Plaza 
(undated brochure) . 

^^ Interview with Robert Seitzer, superintendent, East Orange Public Schools, 
January 1967. 

'"^ Office of the Superintendent, East Orange, N.J., press release at 2. [Hereinafter 
cited as East Orange Press Release.] The East Orange Education Plaza, op. cit. 
supra note 205 ; East Orange Votes for a Pilot School, New York Times, Nov. 9, 1966. 

^ Letter from Neil V. Sullivan, superintendent, Berkeley Unified School District, 
to William L. Taylor, Staff Director, U.S. Commission on Civil Rights, Dec. 13, 1966. 

^ Board of Education of the City of New York, galley proofs for a publication on the 
education park, gal. 1 ; see also "Schools Make News," in Saturday Review, 93 
(Nov. 19,1966). 

170 



be so located as to draw a racially and socially heterogeneous student 
body.-'" 

Albuquerque, N. Mex., is considering plans to enroll 76,000 students, 
including Mexican-Americans, Indians, and Negroes, in its park system. 
Four primary and middle school education parks would be built for 
13,000 to 20,000 children. After these schools are completed, high 
school centers would be constructed. The parks would meet present 
and projected school needs. ^" 

Education park proposals involving wider metropolitan areas con- 
template establishment of a series of parks or large schools to serve 
students from the central city and suburban areas. Each park would be 
located to draw students from both central city and suburban areas. 
Such schools would permit desegregation which might not otherwise be 
possible in metropolitan areas containing cities with majority-Negro 
student enrollments ; they would provide desegregated education of high 
quality to all students served by the park. A study of the feasibihty of 
a metropolitan park system is presently being conducted for the St. 
Paul, Minn., school system. The study will evaluate the resources and 
education needs of St. Paul and the surrounding suburban areas and will 
cissess the utility of a school system serving all levels of education in the 
metropolitan area."^^ 

Quality of Education 

Proposals to build educational facilities which would serve as many 
as 30,000 children raise questions about the impact of size upon the 
education of children — questions also apphcable to the proposals for edu- 
cation complexes. One concern which has been voiced is that educa- 
tion on such a large scale might diminish the attention which could be 
devoted to the needs of individual children. 

Educators who have examined this question, however, agree that 
while the size of the education parks may pose such problems, the parks 
may make possible new approaches to teaching and learning, difficult 
to institute in smaller schools, which would provide greater individual 
attention for each child's needs.'^^ The President's Science Advisory 



"'" Pittsburgh Public Schools, Education Park, 4-6 (September 1965). The system 
plans to convert many of the existing high schools into middle schools. 

^'^ Staff interview with Dr. Robert Meyers, Assistant Superintendent, Albuquerque 
Public Schools, Albuquerque, N. Mex. (Sept. 13, 1966). 

"^ Staff interview with Norma Jean Anderson, St. Paul Public Schools (December 
1966). 

-'^ City School District, Syracuse, N.Y., Material for Title III Proposal on the 
Syracuse Campus Site Plan, 7 (Mar. 12, 1966). "Educational consultants will be 
needed to insure that the campus site plan through construction design will offer the 
highest degree of flexibility for the incorporation of nev/, superior educational pro- 
grams and methods of instruction that are available now." See also App. D2.2. 

171 



Committee has emphasized the importance of such individualized 
attention : 

The number of years in school, the rate of progress, and the 
material covered should be determined by the capacities of the 
individual student, not by the capacities of the average stu- 
dent. . . .-^* 

This goal has not been easy to attain. Schools traditionally have placed 
children in grades with others of the same age, and have promoted them 
at roughly the same rate. Yet, educators have pointed out that indi- 
vidual children come to school with levels of ability and interests which 
may vary from subject to subject. "^^ 

Students of the same age often perform at substantially different levels. 
The spread of student ability in a given classroom may cover as much as 
four to five grade levels. Thus, a child who is reading at the fifth-grade 
level, for example, may be held back in a class where reading is taught at 
the third-grade level. In the same class, children who cannot read at 
the third-grade level may fall behind and fail because the instruction is 
not designed for their needs. ^^'^ 

Because schools normally attempt to cover predetermined amounts of 
material in predetermined periods of time, the problem of the excep- 
tionally able child may not be solved adequately by allowing him to 
"skip" a grade. The advancement could cause him to miss an 
important segment of work which he will need to know in connection 
with his further education. At the same time, John Goodlad, pro- 
fessor of education at the University of California, has pointed out, chil- 
dren who do not keep pace in the conventional grade structure pay a 
high price. Either they are promoted in spite of their difficulties, and 
thereby thrust into even greater difficulty the following term, or they are 
not promoted. Children who are not promoted, "when compared with 
promoted children of equal past performance and measured intelligence, 
perform at a somewhat lower academic level, decline in their social re- 
lations with other children and in their self-image, and lose interest in 
school." '^' 



"* President's Science Advisory Committee, quoted in Brown, "The Nongraded 
School," in The Revolution in the Schools, 103 (Gross and Murphy ed. 1964). 

^^ App. D2.2 at 263. Goodlad reports that educators have not been successful in 
achieving anything resembling homogeneous classes. Ability grouping has been 
ineffective since IQ scores are usually unreliable. Achievement grouping has also been 
ineflFective because students vary so much from subject to subject or even within a sub- 
ject. For example, a child might be excellent in mathematics but poor in reading. 
Within the subject of math he may be good in problem solving but poor in computation. 
"We have had little success in achieving anything that could reasonably be called homo- 
geneous classes. ... It takes a very large school population and constant grouping 
and regrouping to bring together reasonably homogeneous classes for each subject." 

^^ Id. at 262. "The grade levels and graded expectations that have character- 
ized the conduct of American education for more than a hundred years appear to be 
out of phase with today's conceptions of school function and the growing body of 
evidence about individual differences among children." 

=" Ibid. 

172 



In an attempt to deal with the problems which traditional grade struc- 
tures create, children of similar overall achievement in a given grade 
often are placed in separate groups. Owing to the wide spread of ability 
in specific subjects, however, educators have found that it is difficult to 
create truly homogeneous groups."^® 

Some students of the problem have concluded that if more flexible 
grouping could be provided and the traditional grade structure modified 
or eliminated, instruction would be more likely to be commensurate with 
the actual needs of children rather than with their age or grade level. 
Goodlad has noted that such flexibility already has been created in 
some schools through the use of nongraded classes and team teaching. 
Children are organized into large groups. Each group is then broken 
down into groups of varying size for different activities. The latter are 
determined not by age or grade, but on the basis of ability and need. A 
team of teachers is assigned to each large group. Included in such teams 
are experienced teachers with a variety of skills, specialists, less experienced 
teachers, and often student teachers.^^^ Working with each other gives 
teachers constant opportunity to exchange ideas and evaluations of in- 
dividual children. Nongraded classes and team teachers also enable 
a teacher to give attention to individual children while other teachers 
work with the larger group.''" 

The education park is seen by some educators as an institution which 
would offer a wider range of possibilities for individualized instruction 
through nongraded classes and team teaching than is possible in most 
existing schools. In a small school it may not be feasible or economical 
to deal with the special problems or skills of an individual child. In a 
larger school, where a greater number of children may share the same 
problem or skill and a larger number of teachers is available, it may be 
possible to meet the needs of such a child. The larger teaching staff 
would enable the education park to provide more specialists and teachers 
with more diverse training and interests to meet the particular needs 
of children. Rather than being locked into an instructional system which 
now too often "stereotypes and segregates," children would have 
the opportunity to achieve based on their capacities and needs in par- 
ticular subject matter areas.^^^ 

Educators also have suggested that the education park would enable 
teachers to devote more attention to the individual needs of children by 



-'^'/rf. at263. 

^» Id. at 266-268. 

=^ Id. at 266. 

'"^ Id. at 264; 268. See also Berkeley Unified School District, A Proposal for a 
Planning Grant Under Title III Elementary and Secondary Education Act of 1965, 
9 (Aug. 5, 1966). [Hereinafter cited as Berkeley Proposal] Berkeley school 
officials plan a "special program for each student, whatever his needs." See also East 
Orange Press Release at 4. Superintendent Robert H. Seitzer has stressed "instruction 
closely tailored to pupil ability levels [and] programs to fit all levels of ability and 
vocational goals. . . ." 

173 



permitting technological innovations which would not be economical 
in smaller schools. Computer aids to teaching often are identified as 
one of the new educational resources which would be made possible 
in a large institution. 

Since computer aids are recent innovations, not many school systems 
are using them. Efforts at one school, however — the Brentwood School 
in East Palo Alto, Calif. — have attracted attention. Brentwood, in co- 
operation with Stanford University, has more than 100 first-grade stu- 
dents spending a half-hour each day learning either arithmetic or reading, 
assisted by a computerized system. Each student works at an individual 
computer-desk, consisting of a typewriter keyboard, a microphone and 
speaker, and a television screen. Reading or arithmetic problems appear 
on the screen, and the student responds by typing the answer, answering 
audibly, or marking the screen.^-' The computer keeps instantaneous 
track of each student's work, provides higher-level materials as his skills 
increase, and analyzes his work so that teachers and school officials can 
maintain a daily check on his progress."-^ The advantage to the indi- 
vidual student has been emphasized : 

The decision whether to go on to the next topic or review the 
last one can be made in accordance with the interests of the child 
rather than for the class as a whole. In other words, computers 
can make it possible for people to be treated as individuals in many 
situations where they are now lumped in the aggregate.-^* 

In a paper prepared for the Commission, Dan Lortie, Professor of 
Education at the University of Chicago, suggests that computer programs 
may help teachers improve their effectiveness. "The overall effect would 
be to stress individualistic aspects of the teachers' w ork- — there would be 
a greater propensity for teachers to ask, 'How can I help this particu- 
lar child?' " -" 

In another paper prepared for the Commission, Francis Keppel, former 
U.S. Commissioner of Education, reviewed the possibilities of this new 
technology in education parks. Keppel cautioned that the use of com- 
puter technology depends upon the development of appropriate instruc- 
tional materials which are now in scarce supply.^^*' But assuming 
appropriate materials can be developed, Keppel believes that the use of 
computers to assist teaching can be of value, particularly to disadvantaged 
students : 



'^ Stanford University News Service, Stanford, Calif. "Stanford Photo Story — 
Brentwood School, East Palo Alto," (undated press release) . 

--^ Ibid. See also Bushnell and Mitter, A Report to the U.S.C.C.R. on the Com- 
puter and the Education Park, 15, 16 (September 1966). 

"* McCarthy, "Information," in Scientific American at 67 (September 1966). See 
also Suppes, "The Computer and Excellence," in Saturday Review 46-50 (January 
14, 1967). 

-^ App. D2.4, at 284. 

^« App. D2.3, at 270. 

174 



The computer program has the infinite virtue of patience and 
has in theory all the time in the world. . . . Computer technology 
is color blind and has no memory of race.^^^ 

Computer technology also may relieve teachers of many of the record- 
keeping chores with which they now are burdened. Keppel explains 
that, "Right now, computers can rationalize the paperwork load and lift 
it from the backs of teachers and, of course, administrators." -^^ The 
teacher then would be able to devote more attention to the students. 

Another concern expressed about proposed education parks is that 
their size may impose — particularly upon teachers — a uniformity that 
will stifle initiative. It has been suggested by Lortie that large parks 
might involve: 

. . . the replacement of small, dispersed units by a collection of 
units in a central location, a shift from simple to complex organi- 
zation, from intimacy in setting to the possibility of impersonality. 

The prospect of large and complex organizations may make 
teachers anxious about the maintenance of personal identity and 
cause them to worry about the disruption of relationships they cur- 
rently enjoy.^^^ 

Whether such fears will prove justified, Lortie says, depends upon the 
manner in which the facilities are organized and divided into sub-units.^^" 
All plans for education parks call for distinct and compact units, the size 
of the units varying with the plan. Educators seek to plan these units so 
that they will have individual identity and foster close student-teacher 
relationships. 

As Illustration 4 shows, in New York City the plan for an education 
park calls for four primary units of 700 students each; four intermediate 
schools containing 900 pupils in each school, and 1 ,000 students in each 
of four high school units."^^ In Syracuse, N.Y. (see Illustration 3 on 
page 1 68 ) each of the four campus sites will accommodate five separate 
elementary school buildings. Each building will have the usual school 
capacity of 900 children.^^' 

Indeed, it has been suggested that far from imposing uniformity, edu- 
cation parks, if properly planned, could provide for diversity and in- 
novation in ways not now possible in smaller units. Lortie, for ex- 
ample, points out that parks properly planned with the participation of 
teachers would afford special opportunities for teachers. There would 



^/rf.at271. 

=^ Ibid. 

"^ App. D2.4 at 278. 

^Id. at 279. 

^ "Schools Make News," in Saturday Review 93 Nov. 19, 1966. 

"'^ Syracuse City School District, Application for Federal Grant To Plan a Supple- 
mentary Educational Center and Services, 9 (May 23, 1966). [Hereinafter cited 
as Syracuse Proposal.] 

175 



Illustration 4. New York Education Park Plan 




-" •*! «^ 



^ «>i ^ 



Experimental 



PLAN FOR NEW YORKI 

2,800 PUPILS, INTERM 

FOR 4,000. STUDENTS 

SCHOOLS, 900 IN THE INTERMEDIATE SCHOOLS, AND 1000 IN THE HIGH SCHOOL, 

THE CENTRAL UNIT WILL OFFER COMMON FACILITIES FOR ALL SCHOOLS IN THE CON 



lEW EDUCATION PARK PROVIDES FOR PRI 
lATE SCHOOLS FOR 3,600, AND A COMPRE 
LL BE GROUPED IN UNITS OF 700 EACH IN 



SCHOOLS FOR 
IVE HIGH SCHOC 
PRI MARY 



JAGRAM ADAPTE 



■^ATimriAY 



be greater opportunities for interaction among teachers who are now 
isolated in small schools from colleagues with the same skills. Facilities 
could be provided to afford teachers more privacy than they presendy 
enjoy. Bringing teachers with similar training together might allow 
them more freedom to develop specialized subject matter skills. The 
education park, it is said, could provide a laboratory for student teachers 
who would have the opportunity to observe a greater variety of teaching 
styles than in a conventional school. 

Ties with universities, contemplated by many of the education park 
plans, would facilitate inservice training for professional teachers and, 
if the park and university were in close proximity, enable the teachers to 
take courses during part of the schoolday. Much of the innovation in 
education today has stemmed from cooperation between schools and 
universities. "Yet those in universities face a problem in working with 
school personnel, for direct contact, given the dispersal of neighborhood 
schools forces the professor to work within a small orbit." ^^^ Central- 
ized facilities would help to overcome this problem. 

-'" App. D2.4 at 282. 



176 



Lortie concluded, then, that education parks may stimulate diversity 
rather than uniformity : 

As in the city, denser population leads to greater variety in 
human relationships and greater diversity in the creation and flow 
of ideas. Cities, not villages, spawn civilizations; choice among 
alternatives and cultural riches occurs where ideas and persons 
mix freely in diverse relationship. Thus the educational complex, 
if properly used, could produce a higher culture within the 
school.^^* 

Finally, there has been increasing concern in recent years over the 
lack of initiative and participation by local citizens in the affairs of large 
urban school systems. Parents and teachers often have felt isolated from 
the process of educational policymaking. Meaningful citizen participa- 
tion, however, is difficult to secure where the basic unit of concern is a 
small school which is only one of a number of schools governed by a single 
school board. To give each small school its own schoolboard, it may well 
be argued, would be ineffective as well as unwieldy. Innovations in 
curriculum, for example, would be difficult to achieve in schools which 
are small and lack resources. 

Some educators, seeking more viable routes for local initiative and 
participation, have proposed that competing school systems be estab- 
lished in the cities as alternatives to the public schools. In such schools, 
it is argued, parents and teachers could have a greater voice in policy- 
making. While alternatives to the public schools have not been examined 
in this study, it has been suggested that similar advances in community 
participation are possible in larger institutions, such as education 
parks. Dr. John Fischer has suggested that education parks would 
provide more manageable units for decentralized administration. They 
could be organized with their own school boards, providing a vehicle 
for more meaningful community participation than is now possible in 
individual schools: "For the first time it could thus become possible 
for the citizens in a section of a larger community to have a direct effective 
voice in the affairs of a school serving their areas." ^^^ 

Feasibility 

Proposals for education parks also involve considerations of construc- 
tion costs, increased need to transport children, use of existing facihties, 
and other matters related to feasibility. 

Construction Costs 

Construction of large new schools obviously would involve a major 
capital investment. Estimates vary, but a review of existing proposals 
suggests that the capital costs of building classrooms in education parks 



^/rf. at 281-82. 
'''App. D2.1 258. 



177 



may range from an amount roughly equal to the cost of regular class- 
rooms to twice that amount. Pittsburgh estimates that education parks 
could cost twice as much per pupil as the national average cost of reg- 
lar classrooms.^^^ On the other hand, Harold Gores, director of the 
Educational Facilities Laboratory, has written of proposed education 
parks : 

The structure itself would cost less than the conventional ceramic 
vaults we now build for schools. The experience of New Haven, 
Conn., in making full use of urban renewal assistance, enabling 
the city to parlay $13 million of local money into $65 million when 
State and Federal assistance were applied suggests that the cost 
of physical plant should lead to economy rather than conventional 
burden. 

The cost of the physical facilities can be at or below prevailing 
rates of per-pupil cost, depending upon the extent to which modem 
technology in school design is employed. The notion that an edu- 
cation park must have a hundred acres of city land is a reflex action 
from a suburban syndrome. ^^^ 

In any event, at least part of the costs of building an education park 
would be incurred because of the need to build new classrooms to re- 
place outworn structures and accommodate a growing student popula- 
tion. The U.S. Office of Education has noted that there is a pressing 
national need for new classrooms. On the basis of statistics collected 
from the States and local school systems it has estimated that more than 
500,000 new classrooms are needed to replace those which presently 
are inadequate."^ 

The Syracuse school administration has concluded that traditional 
scattered school sites in the core city might be more costly than the 
parks. Population change and possible urban renewal in both the ghetto 
and business districts have made planning for traditional facilities an 
uncertain venture. After study, the school authorities decided that the 
cost of building the campus schools could be borne by the district. 
Existing facilities will be phased out as the new schools are completed."^ 



^ Pittsburgh estimates the total cost of its education parks at $75 million. The 
number of pupils in attendance will be between 22,500 and 27,500. Therefore, the 
cost per pupil will be approximately $3,000. In Syracuse the figure comes to $1,679 
per pupil. U.S. Office of Education, memo. Cost Analysis of Proposed Educational 
Park Facilities, 5 (July 1966). The national average cost per pupil of school con- 
struction in 1965 was $1,612. "Current Trends in School Facilities" in School Man- 
agement, 77 (July 1966.) 

^ Gores, "Education Park: Physical and Fiscal Aspects," in An Exploration of the 
Educational Park Concept, 5-6 (Jacobson ed. June 22-24, 1964). 

^U.S. Office of Education, Projections of Educational Statistics to 1974-75, 
40 (1965). This figure is determined by adding the makeshift or improvised class- 
rooms (31,000), the nonpermanent rooms (31,000), the rooms rented ofF-site 
(14,000), the rooms with three or more defects (158,000), and those needed to 
achieve a pupil-room ratio of ,25 elementary and 20 secondary pupils (285,000). 

^'Research Department, City School District, Syracuse, N.Y., Research Report 
No. 9-66, (first draft) 1-3, Feb. 23, 1966. 

178 



Offsetting the substantial capital costs of education parks, it has been 
suggested, is economy made possible by the central location of certain 
kinds of needed facilities, such as libraries, science laboratories, and 
auditoriums. Franklyn Barry, asked if planned campus schools in Syra- 
cuse would permit economies, replied : 

We have no libraries except voluntary ones in any of the schools 
in Syracuse. Every other county school from here to Buffalo and 
back has libraries, and I think children in Syracuse should have 
libraries. We can do this in 4 centers, but we can't do it in 30.^^° 

Use of Existing Facilities 

School systems now exploring the construction of education parks have 
proposed a number of alternative uses of existing school space. In East 
Orange, N.J., the school board has decided to sell existing schools as they 
are replaced with buildings in the new education plaza. This decision 
was based on a study which concluded that the sale of the buildings could 
offset substantially the cost of building the new schools."" Pittsburgh 
school officials are considering using existing high schools as middle 
schools when the high schools are replaced by parks.'^" In New York 
City, a report to the board of education proposed that education com- 
plexes become the first step in the construction of a system of education 
parks. '^^ 

In other cities, it has been suggested that existing schools which are 
replaced by the education parks could be converted to a variety of new 
uses. The most common suggestion is conversion to preschool centers 
in view of increasing interest in and governmental support for preschool 
programs. Other suggested alternatives include libraries, community 
and adult education centers, and recreational facilities."" 

Construction Time 

A related problem is the time it will take to build education parks. 
Time is required for educational and physical planning, for the acquisi- 
tion and assembling of land, and for construction. Assembling the 
necessary land for schools already is a formidable task in larger cities, 
where congestion is great and demand is high. 

Education parks may require larger parcels of land and may involve 
more than one school jurisdiction. The construction process itself, on 
the other hand, may not be a major obstacle. Some of the Nation's 

"*" Testimony of Superintendent Barry of Syracuse, Rochester Hearing, 464. 

^" East Orange Press Release at 2. William Hoffman, president of the school board, 
points out that the sale of the schools would yield an additional benefit from their 
inclusion in the city's ratables. It is also expected that another sizable part of the 
plaza's cost may be defrayed by governmental agencies and educational foundations. 

^" Harvard Graduate School of Education, Education for Pittsburgh, 16-17 (1966). 

-" Dentler, op cit. supra note 191, at 29. 

-*^App. D2.1 258. "The impending expansion of nursery school programs and 
adult education are only two of the more obvious alternate uses for in-city structures." 
See also Sessions, "A New Approach to Education in the District of Columbia," at 4 
(undated paper). Sessions proposes that existing school buildings in Washington, 
D.C., be converted for housing purposes. 

179 



largest and most complicated school buildings have been constructed in 
short periods of time. For example, the new 3,000-student Bronx High 
School of Science in New York City — regarded as one of the finest spe- 
cialized high schools in the Nation — took three years to build. A new 
highly diversified vocational and technical school was built in about a 
year and a half in Las Vegas, Nev., with modern construction methods.^" 
Parts of the South Florida Education Center in Fort Lauderdale, a mod- 
ern and well-equipped high school and a junior college, were completed 
in less than four years.^**' 

Funds for the New York City education park are included in the 
budget for 1967-68 and completion is expected two years from the com- 
mencement of the construction.^*^ 

East Orange and Syracuse, however, have estimated the time needed 
to complete their education parks to be 12 to 15 years.^*® A major con- 
straint is lack of construction funds, even though both cities are relatively 
small and require relatively few schools. The timing of construction in 
larger cities needing more schools would appear to be an even greater 
problem under present arrangements for financing school construction. 
Were Federal funds available, it is likely that construction could move 
more rapidly than these estimates suggest. Presently, the Federal con- 
tribution to public school construction costs is less than 1 percent of the 
total.'*" 

Transportation 

Another aspect of the feasibility of education parks involves the in- 
creased need to transport children which would result from the enlarged 
attendance areas. 

In 1964, about 15 million public school children traveled to school 
on school-leased or owned carriers each school day. This figure repre- 
sents about 40 percent of the Nation's total school enrollment and does 
not include children who use nonschool public transportation."^" In 



"^ Interview with Alexander Taffel, principal, Bronx High School of Science (De- 
cember 1966). Interview with Raymond L. Sturm, Southern Nevada Vocational 
Technical Center (Nov. 30, 1966). 

2« "Where a 'School of the Future' is Holding Classes Today," in U.S. News & 
World Report at 36, July 5, 1965. 

=" "Schools Make News," in Saturday Review at 93 (Nov. 19, 1966). 

^^^ East Orange Press Release, 2. Telephone interview with David Sine, research 
director, Syracuse Public Schools (January 19, 1967). 

"" U.S. Office of Education, Estimated Capital Outlay for Public Elementary and 
Secondary School Facilities, unpublished table (April 1966). See also: School Man- 
agement, at 75 (July 1966). It is noted that $3.43 billion were spent in 1965 on ele- 
mentary and secondary additions and new schools. 

^ U.S. Office of Education, Digest of Educational Statistics, 29 (1965). Also, in- 
terview with E. Glen Featherston, U.S. Office of Education (December 1966). The 
Office of Education's statistics on pupil transportation generally omit pupils who 
travel on public transportation. Mr. Featherston stated that "the number of 
children transported to school on public rather than school-owned or school-leased 
facilities has not been ascertained in over 15 years." 

180 



four of the Nation's largest cities between 15 and 30 percent of the total 
school enrollment uses public transit facilities."^ 

In view of the widespread practice of transporting students to school, 
school systems long since have taken measures to assure the greatest pos- 
sible safety. The problems related to student transportation are largely 
logistical. In a paper prepared for the Commission, Paul Davidoff, 
Chairman of the Department of City Planning at Hunter College in New 
York City, studied the feasibility of establishing desegregated education 
park sites in the Philadelphia Metropolitan Area, one of the Nation's 
largest metropolitan regions.^" The study revealed there are many 
locations in the area where city Negroes and suburban whites could 
attend education parks together with relatively Httle travel time. The 
report indicated that travel time for most students could be limited to 
less than 40 minutes.^'"' 

The cost of transportation obviously is a factor in the feasibility of 
education park plans. The cost would depend in part upon the avail- 
ability of mass transportation. Some proposals suggest one possibility 
of coordinating plans for education parks with plans for the development 
or improvement of mass transit systems. Pittsburgh has taken such an 
approach to rapid mass transit and education park site location."^^ 
Berkeley, Calif., too, has asked representatives from local transit authori- 
ties to participate in the planning of their parks.'^^ 

Metropolitan Attendance 

A final consideration of feasibility is the need for ingtergovernmental 
cooperation which would be entailed in education park plans that con- 
template drawing students from suburban jurisdictions as well as from 
the city. School boards either would have to merge or share authority, 
staff, and funds. State education agencies might have to sanction these 
arrangements. -^'^ Yet, as Robert Wood, Under Secretary of Housing 
and Urban Development, has written : 

. . . each jurisdiction tries to avoid the conditions it regards as 
unpalatable, to protect its own, and to let its neighbors fend for 
themselves.^^' 



^* These cities are Washington, D.C., Philadelphia, New York City, and Chicago. 
Information received from the D.C. Transit Co., Chicago Transit Authority, Phila- 
delphia Transportation Co., New York City Transit Authority. 

""^Davidoflf, Position Paper, submitted to the U.S. Commission on Civil Rights 
(November 1966). 

'^ Id. at 19. 

^* McPherson, A Survey of Opinions and Perceptions Regarding Continuing Racial 
Integration of Central City Public School Systems, at 9 (October 1966). "Mr. David 
Lewis and members of his staff at Urban Design Associates . . . [have] provided con- 
sultant services for both the Port Authority and the public school system, and [have] 
been able to relate the bold plans for a rapid transit system network in Pittsburgh to 
the design and location of large high schools." 

^ Berkeley Proposal at 7. 

"■^App.D2A at 257. 

=" Wood, Metropolis Against Itself, 41 (March 1959) . 

181 

243-637 O - 67 - 13 



Given the tendency of school districts to guard their prerogatives jeal- 
ously, consolidation or merger has been accomplished infrequently. Big 
cities typically lack authority to annex unilaterally. Even if there were 
agreement among districts, in some States merger can be accomplished 
only by popular referendum. Although States in most cases can require 
merger or consolidation, they have done so primarily for rural districts 
not urban or suburban districts.-^^ (The question of whether Congress 
has the authority to require school desegregation, notwithstanding such 
obstacles, is discussed in the next chapter. ) 

It has been pointed out, however, that the reasons that have prompted 
consolidation of rural schools districts have some application to urban 
and suburban school districts. As one educational planner has written: 

. . . the concept is not entirely new to public education in the 
United States. School consolidation in rural areas had a purpose 
similar to one of the purposes of the city education park — the 
collection of enough students at one point to make better quality 
education economically possible. Just as the consolidated rural 
school could offer educational opportunities unmatched by small 
schools it replaced, the educational park in the city . . . could 
offer chances to city youngsters which are unavailable in their 
neighborhood schools.-^^ 

The size and fragmentation of school districts within metropolitan 
areas suggests that there may be a need for consolidation. In the Na- 
tion's 212 metropolitan areas in 1962, there were approximately 6,000 
independent school districts and 600 dependent school districts, an 
average of 21 school systems for each metropolitan area. More than 
one-third of the school districts in metropolitan areas serve less than 300 
students.-^" Many States, based on the judgment of educators that a 
sound educational program requires larger numbers of students, have 
encouraged the consolidation of school districts."*'^ 



^ Interview with Robert Isenberg, Director of Rural Services Division, National 
Education Association (Jan. 9, 1967). 

■■''' Mauch, "The Education Park" in American School Board Journal, 9 (March 
1965). 

"'"' Beckman, Metropolitan Education in Relation to State and Federal Govern- 
ment, 14-15 (unpublished draft) . 

"''^ Wisconsin, Nebraska, Pennsylvania, and Delaware are among the States with 
school district consolidation programs. Wisconsin had approximately 3,000 school 
districts in 1960 and in 1966 it had only 535. (Telephone interview with Mr. Van 
Raelte, Assistant in charge of Instructional Services, State Deparement of Education, 
Dec. 2, 1966.) In 1964 Nebraska had 2,700 school districts and in 1966 this number 
had been reduced to 2,400. The number of school districts is being reduced at a 
rate of 200 per year. (Telephone interview with Mr. Donald Stewart, consultant, 
State Department of Education, Dec. 2, 1966.) Under an act passed by the Penn- 
sylvania Legislature in 1963, the number of school districts has been reduced from 
over 2,000 in 1963 to 742 in 1966. (Telephone interview with Walter Heckman, 
supervisor. School District Organization, Department of Public Instruction, Dec. 2, 

Footnote continued on following page. 

182 



In summary, there are many promising plans for desegregating schools 
and improving the quality of education in the Nation's larger cities and 
metropolitan areas. These plans contemplate giving more attention to 
the individual needs of all students in schools which would serve broad 
segments of the community. All of the proposals incorporate the idea 
that only a combination of school desegregation and improved educa- 
tional quality will solve the problem of educational inequality in the 
cities. All are based on the view that this can best be accomplished 
through the expansion of attendance zones and the consolidation of 
school resources. 

A number of questions have been raised concerning these proposals, 
relating to considerations both of educational soundness and feasibility. 
The educational problems chiefly concern the size of the proposed edu- 
cation parks and the obstacles which such size might place in the way 
of devoting attention to the individual needs of students. The most 
substantial problems of feasibility center upon cost, including the cost of 
transportation and the lack of existing funds at the local and State levels. 

Educators who have examined the problems relating to size and 
complexity have concluded that education parks, properly planned, 
could in fact provide higher quality education and even greater individ- 
ual attention to the needs of all students by permitting advances and 
innovations in educational techniques which are not now possible in 
smaller schools. 

Although larger school facilities such as education parks would permit 
economies through the consolidation of resources, they would still be 
costly. The additional investment required, however, does not appear 
to be beyond the range of what is feasible if the costs are shared by the 
Federal, State, and local governments. The major question is one of 
policy — whether the desegregation of public schools and the improve- 
ment of the quality of education for all children are goals of sufficient 
importance to justify the required investment of energy and resources. 

1966.) In Delaware the number of school districts has been reduced from 
80 in 1965 to 51 in 1966. (Telephone interview with Mrs. Sheila Garrow, Admin- 
istrative Service Department, State Department of Education, Dec. 2, 1966.) 

Other States which are reducing the number of school districts are New York, 
Ohio, Michigan, Illinois, Minnesota, California, Kansas, Washington, Oregon, 
North Dakota, Mississippi, North Carolina, and South Carolina. (Interview with Dr. 
Robert Isenberg, Director of Rural Services Division, National Educational Associa- 
tion, Dec. 2, 1966.) 



183 



Chapter 5 

Racial Isolation: The Role 
of LaAv 

This report has examined the causes of racial isolation in the public 
schools, the attendant damage to Negro children, and remedies attempted 
by particular school systems. This chapter summarizes the role of law — 
judicial decisions in cases challenging both racial isolation in the schools 
and efforts by State and local authorities to correct it ; State legislation and 
administrative action to overcome racial isolation, and the role of the 
Federal Government. The analysis presented here is more fully devel- 
oped and documented in the appendix in this volume of the report. 

The Constitutional Duty of a State To 

Eliminate Racial Isolation — The 

Judicial Decisions 

In 1954, the U.S. Supreme Court decided in Brown v. Board of Edu- 
cation that public school segregation compelled or expressly permitted by 
law violated the equal protection clause of the 14th amendment.^ Later 
decisions have applied Brown to purposeful school segregation resulting 
from administrative actions of State or local public officials even where 
such segregation is not dictated or sanctioned by State or local law." The 
courts have indicated that such purposeful segregation is unconstitutional 
even where it is less than complete,^ and even when it is accomplished by 
inaction rather than by action.^ 

The courts have not been so ready to declare adventitious segrega- 
tion — segregation not resulting from purposeful discrimination by school 
authorities — unconstitutional. The Supreme Court has not ruled on 
this issue. The lower Federal courts and the State courts are divided, 
but a majority of the courts have held that school boards are under no 



'347 U.S. 483 (1954). 

-E.g., Taylor v. Board of Education (New Rochelle), 191 F. Supp. 181 (S.D. N.Y.), 
aff'd,294F. 2d 36 (2d Cir.), cert, denied, 368 U.S. 940 (1961). 

"Taylor v. Board of Education (New Rochelle), supra; Jackson v. Pasadena City 
School District, 31 Cal. Rptr. 606, 382 P. 2d 878 (1963). 

* Webb V. Board of Education (Chicago), 223 F. Supp. 446 (W.D. 111. 1963). 

185 



Federal constitutional duty to remedy racial imbalance.'"' On the other 
hand, the courts have upheld State and local remedial measures against 
the contention by white parents that it is unconstitutional to take race 
into account in assigning students to schools.*^ 

Actions by States to Eliminate Racial 
Isolation 

Thus, the result of most judicial decisions to date has been to leave the 
question of remedying racial imbalance to the legislative and executive 
branches of the Federal and State Governments. A small number of 
States — including Massachusetts, New York, New Jersey, and Cali- 
fornia — have taken steps to require school authorities to take corrective 
action.' 

The most advanced requirements include a Massachusetts law and a 
requirement of the New York State Commissioner of Education, each 
of which obligate local school officials to eliminate racial imbalance in 
their schools. The Massachusetts legislature has defined a racially 
imbalanced school as one where the percentage of nonwhites exceeds 
50 percent of the total enrollment.** The New York Commissioner of 
Education has defined a racially imbalanced school as one having 50 
percent or more Negro pupils enrolled.^ Massachusetts has provided 
the strongest sanctions. If a school committee fails to show progress 
within a reasonable time in eliminating racial imbalance in its school 
system, the Commissioner of Education must refuse to certify all State 



t .. 

i 



■'Compare Branche v. Board of Education (Hempstead), 204 F. Supp. 150 (E.D. 
N.Y. 1962) ; Blocker v. Board of Education (Manhasset), 226 F. Supp. 208 (E.D. N.Y. 
1964) ; Barksdale v. Springfield School Committee, 237 F. Supp. 543 (D. Mass. 1965), 
order vacated, 348 F. 2d 261 (1st Cir. 1965) ; Jackson v. Pasadena City School Dis- 
trict, 31 Cal. Rptr. 606, 382 P. 2d 878 (1963) with Bell v. School City of Gary, 324 
F. 2d 209 (7th Cir. 1963) ; Downs v. Board of Education (Kansas City), 336 F. 2d 
988 (10th Cir. 1964) ; Swann v. Charlotte-Mecklenburg Board of Education, Civ. No. 
10207, 4th Cir., Oct. 24, 1966; Deal v. Cincinnati Board of Education, No. 16863, 
6th Cir., Dec. 6, 1966; Gilliam v. School Board (Hopewell), 345 F. 2d 325 (4th 
Cir. 1965) ; Lynch v. Kenston School District Board of Education, 229 F. Supp. 740 
(W.D.Ohio 1964). 

"E.g., Balaban v. Rubin, 20 App. Div. 2d 438, 248 N.Y.S. 2d 574, aff'd, 14 N.Y. 
2d 193, 250 N.Y.S. 2d 281, cert, denied, 379 U.S. 881 (1964); Strippoli v. Bickal, 
21 App. Div. 2d 365, 367, 250 N.Y.S. 2d 969, 972 reversing 42 Misc. 2d 475, 248 
N.Y.S. 2d 588 (1964) ; Di Sano v. Storandt, 22 App. Div. 2d 6, 253 N.Y.S. 2d 411 
(1964), reversing 43 Misc. 2d 272, 250 N.Y.S. 2d 701 (1964) ; Fuller v. Volk, 230 
F. Supp. 25 (D. N.J. 1964), vacated and remanded, 351 F. 2d 323 (3rd Cir. 1965) ; 
Moreanv. Board of Education (Montclair), 42 N.J. 237, 200 A. 2d 97 (1964). 

"Mass. Gen. Laws, ch. 15, sec. l-I; ch. 71, sees. 37C, 37D (1965); memorandum 
from the State Commissioner of Education to all Chief Local School Administrators 
and Presidents of Boards of Education, 8 Race Rel. L. Rep. 738, 739 (N.Y. Comm. of 
Ed. 1963) ; Booker v. Board of Education (Plainfield), 45 N.J. 161, 178, 212 A. 2d 1, 
10 (1965) ; Cal. Admin. Code, title V, sees. 2001, 2010, 2011. 

^ Mass. Gen. Laws, ch. 71, sec. 37D (1965). 

' Memorandum from the State Commissioner of Education to all Chief Local School 
Administrators and Presidents of Boards of Education, supra. 

186 



school aid for that system.^" But the great bulk of the States have not 
imposed any requirement that local school officials correct racial im- 
balance in their schools. 

The Congressional Response 

In the Civil Rights Act of 1964, Congress authorized the Attorney 
General to bring school desegregation suits in certain circumstances/^ 
empowered the Commissioner of Education to give technical and finan- 
cial assistance to desegregated school districts/- and gave the Depart- 
ment of Health, Education, and Welfare the power to withhold financial 
assistance from school districts engaging in discrimination.^^' But this 
legislation does not appear to dictate the imposition of sanctions solely 
for failure to overcome racial imbalance in the schools or to authorize as- 
sistance to school districts to help them correct such imbalance.^^ Under 
the Elementary and Secondary Education Act of 1965, HEW en- 
courages efforts to develop project activities which will tend to reduce 
such imbalance, but is precluded from requiring "the assignment or 
transportation of students or teachers in order to overcome racial im- 
balance." ^"^ 

The Need for a Congressional Remedy 

This report describes inequalities in public schools which require cor- 
rective action. Neither the courts nor State authorities generally have 
required school officials to provide a remedy. Absent congressional 
action, therefore, there is no assurance that the present serious inequities 
will be remedied. 

While it is conceivable that the courts may go further in finding a 
constitutional duty than they have been willing to go thus far, congres- 
sional action affords greater promise for effective relief than judicial 
action. The courts are overburdened, and, lacking power to give ad- 

^" Mass. Gen. Laws, ch. 15, sec. l-I (1965). 

"78 Stat. 246 (1964), 42 U.S.C. § 2000c-6 (1964). 

" 78 Stat. 246 ( 1964) , 42 U.S.C. § 2000c-2 ( 1964) . 

^'78 Stat. 252 ( 1964), 42 U.S.C. § 2000d-l (1964). 

'*78 Stat. 248 (1964), 42 U.S.C. § 2000c-6 (1964). United States v. Jefferson 
County Board of Education, Civ. No. 23345, 5th Cir., Dec. 29, 1966. The Office of 
Education is rendering assistance under Title IV to northern schools systems in meet- 
ing certain problems arising from measures which such systems independently have 
taken to overcome racial imbalance. See Legal Appendix, infra, at 223, n. 124. In 
the 89th Congress, Senator Edward Kennedy of Massachusetts introduced a bill (S. 
2928, 89th Cong. 2d sess.) to amend Title IV of the Civil Rights Act of 1964 to 
authorize the Commissioner of Education to provide technical assistance and grants 
to school boards in support of programs designed to overcome racial imbalance. 

"" Public Law 89-750, sec. 181 (1966) ; Letter from Commissioner Howe to Chief 
State School Officers, August 9, 1966; Statement of Office of Education re Impact 
of Title I, Elementary and Secondary Education Act of 1965 (P.L. 89-10) on De 
Facto Segregation; Manuscript, Transcript of Hearing before U.S. Commission on 
Civil Rights, Oct. 5, 1966, Boston, Mass., p. 479. See Legal Appendix, infra, at 223. 

187 



I 

visory opinions, they must proceed on a case-by-case basis. Congress, 
on the other hand, can estabUsh a uniform, national standard.^'' 

In addition, legislation by Congress in the civil rights field commands 
far greater acceptance than decisions of the Federal courts. For example, 
a Supreme Court decision overturning the convictions of the sit-in 
demonstrators on the ground that the 14th amendment required the 
owners of places of public accommodation to serve Negroes could not 
have commanded the same degree of assent as the public accommoda- 
tions tide of the Civil Rights Act of 1964.^" The Voting Rights Act of 
1965 produced much greater voluntary compliance with the 15th amend- 
ment by voting registrars throughout the South than the dozens of Federal 
court decisions enjoining voting discrimination against Negroes which 
preceded it.^' 

Equally important, since appropriate remedies may require expendi- 
tures of substantial sums of money, particularly where school con- 
struction may be involved. Congress, with its power to appropriate funds 
and to provide Federal financial assistance, is far better equipped than 
the courts to provide effective relief. 

The Power of Congress To Enact 

Legislation Eliminating Racial 

Isolation 

The Constitution confers upon Congress the power to require the 
elimination of racial isolation in the public schools. 

Section 1 of the 14th amendment prohibits any State from denying 
to any person within its jurisdiction equal protection of the laws. Section 
5 gives Congress power to enforce the amendment by "appropriate legis- 
lation." Recent Supreme Court decisions make it clear that Section 5 
is an affirmative grant which authorizes Congress to determine what 
legislation is needed to further the aims of the amendment.^^ 

The decisions establish that Congress may legislate not only to correct 
denials of equal protection but also to prevent or forestall conditions 
which may pose a danger of such denial. In Katzenbach v. Morgan,^^ 
the Court upheld Section 4(e) of the Voting Rights Act of 1965,-" 
which provides in effect that no person who successfully has completed 
the sixth grade in a Puerto Rican school where instruction is in Spanish 



^■' See United States v. Jefferson County Board of Education, supra note 14. 

^^ See Cox, "Constitutional Adjudication and the Promotion of Human Rights," 
80, Harv. L. Rev. 91 (1966). 

^' U.S. Commission on Civil Rights, "The Voting Rights Act . . . the first months" 
2,8,9 (1965). 

'^Katzenbach v. Morgan, 384 U.S. 641 (1966) ; United States v. Guest, 383 U.S. 
745 (1966). See South Carolina v. Katzenbach, 383 U.S. 301 (1966). 

"384 U.S. 641 (1966). 

-"79 Stat. 439 (1965). 

188 



shall be denied the right to vote because of inability to read or write 
English. Section 4(e) nuHified New York State's English literacy 
requirement. The Court sustained Section 4(e) partly on the ground 
that its practical effect was to enfranchise large segments of New York's 
Puerto Rican community. "This enhanced poHtical power," said the 
Court, "will be helpful in gaining nondiscriminatory treatment in pubhc 
services for the entire Puerto Rican community," thereby enabling it 
to obtain "perfect equality of civil rights and equal protection of the 
laws." '' 

Similarly, whether or not racial isolation itself constitutes a denial of 
equal protection, Congress may secure equal educational opportunity 
by eliminating the conditions which render the education received by 
most Negroes inferior to that afforded most white children. Such con- 
ditions involve, in part, the harmful effects upon attitudes and achieve- 
ment which racial and social class isolation have on Negro students. 
Corrective congressional action also may be seen as a means of enabling 
Negroes, who generally are poorer than whites, attend schools of lower 
quality, and exercise less influence upon school boards, to obtain edu- 
cational facilities equal to those obtained by white persons. 

The Morgan case also establishes that Congress may determine for 
itself that a particular form of State action constitutes a violation of the 
equal protection clause, whether or not the Supreme Court has so ruled 
or would so rule, and regardless of the view of lower Federal courts. In 
Morgan, the Supreme Court sustained Section 4(e) on the alternative 
ground that the Court perceived "a basis upon which Congress might 
predicate a judgment that the application of New York's English literacy 
requirement to deny the right to vote to a person with a sixth grade 
education in Puerto Rican schools in which the language of instruction 
was other than English constituted an invidious discrimination in viola- 
tion of the equal protection clause." '' 

There are ample grounds for a congressional determination that racial 
imbalance contravenes the equal protection clause. Clearly there is 
"State action," since public officials select school sites, define attendance 
areas, and assign Negroes to schools in which they are racially isolated. 
The resulting harm to Negro children involves a denial of equal pro- 
tection of the laws. 

Although the holding in Brown v. Board of Education was confined 
to school segregation compelled or expressly permitted by law, the ra- 
tionale of the Brown opinion was that public education, ". . . where 
the State has undertaken to provide it, is a right which must be made 
available to all on equal terms," "^ and that segregated education is 
unequal education. This also was the rationale of Sweatt v. Painter '* 

-"^ 384 U.S. 641,652-653. 

'' Id at 656. 

== 347 U.S. at 493. 

=* 339 U.S. 629 (1950). 

189 



and McLaurin v. Oklahoma State Board of Regents for Higher Edu- 
cation,"^ — predecessors of Brown — which respectively held violative of 
the "separate but equal" rule of Plessy v. Ferguson -° segregated law 
school and graduate school education. 

The basis of these decisions was that Negroes were treated unequally 
with respect to qualities "incapable of objective measurement," in large 
measure because they were isolated from the majority group. In Sweatt, 
among the vital immeasurable ingredients which the Court considered 
in comparing the University of Texas law school with the separate Negro 
law school was the exclusion from the Negro institution of members of 
racial groups which included most of the lawyers, judges, witnesses, 
jurors, and public officials with whom the Negro law student would have 
to deal when he became a member of the bar. The Court also consid- 
ered the comparative "standing in the community" of the two institutions. 

In Brown, the Court ruled that the intangible considerations involved 
in depriving Negro students of the opportunity for association with mem- 
bers of the majority group applied "with added force" to children in 
elementary and secondary schools."^ The Court concluded : "To sepa- 
rate them [Negro children] from others of similar age and qualifica- 
tions solely because of their race generates a feeling of inferiority as to 
their status in the community that may affect their hearts and minds in a 
way unlikely ever to be undone." "^ 

The Court recognized that segregation even without the sanction of 
law was harmful to Negro children, for it quoted with approval from a 
lower court finding stating: "Segregation of white and colored children 
in public schools has a detrimental effect upon the colored children. The 
impact is greater when it has the sanction of law." -° As one Federal 
court put it, grade school children "are not so mature and sophisticated 
as to distinguish between the total separation of all Negroes pursuant to 
a mandator)' or permissive State statute based on race and the almost 
identical situation prevailing in their school district [without such a 
statute]."'" 

The facts in this report confirm that racial isolation, whether or not 
sanctioned by law, damages Negro students by adversely affecting 
both their attitudes and achievement. Negro pupils attending predomi- 
nantly Negro schools tend to have lower educational aspirations, feel more 
frequently that they are unable to control their own destinies, have a 
poorer self-image, and have teachers with lower expectations than 
similarly situated Negro students attending predominantly white schools. 

==339 U.S. 637 (1950). 
="163 U.S. 537 (1896). 
=' 347 U.S. at 494. 
'' Ibid. 

'" Ibid. [Emphasis added] 

""Blocker v. Board of Education (Manhasset), 226 F. Supp. 208, 229 (E.D. N.Y. 
1964). 

190 



These differences in part are associated with differences in the compara- 
tive social class levels of the average predominantly Negro and the aver- 
age predominantly white school — differences which, given the relatively 
small Negro middle class, cannot be erased ^vithout school integration. 

Beyond this, however, a iriajor factor in these differences is racial isola- 
tion itself, even when social-class factors are held constant. Just as segre- 
gation imposed by law was held in Brown to create feelings of inferiority 
among students affecting their motivation and ability to learn, so there is 
evidence that adventitious segregation is accompanied by a stigma which 
has comparable effects. The superior "standing in the community" of 
the white law school in Sweatt v. Painter ^^ — a superiority which the 
Court held to conflict with the equal protection clause — is echoed in the 
superior reputation of predominantly white elementary and secondary 
schools as compared to similar institutions which are predominantly 
Negro and stigmatized in the eyes of the community as well as in the 
eyes of the teachers and students. 

The deprivation of educational contact with the majority group which 
the Court deemed so important in Sweatt because that group included 
most of the lawyers, jurors, and witnesses with whom a lawyer inevitably 
deals, finds its analogue in the limited opportunity for educational associa- 
tion with members of the majority group available to Negro students in 
predominantly Negro elementary or secondary schools. Lack of con- 
tact with white persons impairs the ability of the Negro student to relate 
to members of a group with whom he later may have to associate to 
achieve success in the job market and in other areas of life. 

Where a State law or policy has a discriminatory effect, a discrimina- 
tory purpose need not be shown.^- Just as in reapportionment cases the 
courts have not demanded a showing of discriminatory purpose in requir- 
ing the correction of an imbalance in the allocation of seats in the legis- 
lature resulting from legislative inaction in the face of population shifts, 
no discriminatory purpose need be shown to invalidate racial imbalance 
in the schools, which frequently is the product of administrative inac- 
tion in the face of population changes in the racial composition of 
neighborhoods.^^ 

There are still other bases upon which Congress constitutionally may 
legislate to correct racial imbalance. As shown in Chapter 2 and in the 
legal appendix, discriminatory policies of the Federal Housing Adminis- 
tration (FHA) , in violation of the due-process clause of the 5th amend- 



=' 339 U.S. at 634. 

""^Griffin V. Illinois, 351 U.S. 12 (1956); Douglas v. California, 372 U.S. 353 
(1963) ; Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966). See Ri^e 
V. Elmore, 165 F. 2d 387, 392 (4th Cir. 1947), cert, denied, 333 U.S. 875 (1948). 

"^ Baker v. Carr, 369 U.S. 186 (1962); Reynolds v. Sims, 377 U.S. 533 (1964); 
Hearne v. Smylie, 225 F. Supp. 645 (D. Idaho 1964), rev'd per curiam, 378 U.S. 
563 (1964). 



191 



ment,^* and discriminatory practices and other actions of State and local 
agencies in violation of the 14th amendment, including judicial enforce- 
ment of racially restrictive covenants, have played an important role in 
present patterns of housing segregation. Congress, which even without 
any express authorization has the power to implement any right secured 
by the Constitution,^^ may act to insure that 5th amendment violations 
by the Federal Government are not compounded by the States, and that 
the States do not perpetuate their own violations of the Constitution, 
through the application of the neighborhood school poHcy, even assuming 
that such a policy is not otherwise discriminatory. 

Congress may require the States to provide metropolitan solutions, 
either through reorganization of school districts or cooperative arrange- 
ments among school districts, where racial isolation cannot be corrected 
within the limits of the central city. The equal protection clause speaks 
to the State,''' and school districts are creatures of the State.^' A State 
cannot avoid its constitutional obligation to afford its school children 
equal protection of the laws by pointing to the distribution of power 
between itself and its subdivisions — a distribution which the State itself 
has created. "If the rule were otherwise, the great guarantee of the equal 
protection clause would be meaningless." ^^ 

In legislating to implement the 14th amendment, Congress need not 
limit itself to suspending offensive State legislation but, like the courts, 
may require States to take affirmative steps to secure equal rights.^'' 
Inconsistent State statutes or constitutional provisions, of course, must 
yield to the lawful acts of Congress under the supremacy clause of the 
Constitution.''" 

There is ample basis for concluding, therefore, that Congress can enact 
the laws necessary to eliminate racial isolation and to secure to Negroes 
equality of opportunity in the public schools. 

'♦FHA "Underwriting Manual," pt. II, sec. 304 (1935); pt. II, sec. 228 (1936); 
Boiling V. Sharpe, 347 U.S. 497 ( 1954) . 

'■^Strauder v. West Virginia, 100 U.S. 303, 310-311 (1880) ; Prigg v. Pennsylvania. 
16 Pet. 539 (1842) ; Ableman v. Booth, 21 How. 506 (1859) ; Burroughs and Cannon 
V. United States, 290 U.S. 534 (1934). 

'" Griffin V. County School Board, 377 U.S. 218 (1964) ; Hall v. St. Helena Parish 
School Board, 197 F. Supp. 649 (E.D. La. 1961), aff'd, 368 U.S. 515 (1962). 

" Hunter V. City of Pittsburgh, 207 V. S. 161,178 (1907). 

■■"^ Hall V. St. Helena Parish School Board, 197 F. Supp. at 658. 

"■' Sec Gideon v. Wainwright, 372 U.S. 335 (1963) ; Douglas v. California, 372 U.S. 
353 (1963) ; Griffin v. Illinois, 351 U.S. 12 (1956) ; Reynolds v. Sims, 377 U.S. 433 
(1964) ; South Carolina v. Katzenbach, 383 U.S. 301 (1966) ; Katzenbach v. Morgan, 
384 U.S. 641 (1966). 

'" McCulloch V. Maryland, 4 Wheat. 316(1819). 



I 



192 



Conclusion 



The central truth which emerges from this report and from all of the 
Commission's investigations is simply this : Negro children suffer serious 
harm when their education takes place in public schools which are 
racially segregated, whatever the source of such segregation may be. 

Negro children who attend predominantly Negro schools do not 
achieve as well as other children, Negro and white. Their aspirations 
are more restricted than those of other children and they do not have 
as much confidence that they can influence their own futures. When 
they become adults, they are less likely to participate in the mainstream 
of American society, and more likely to fear, dislike, and avoid white 
Americans. The conclusion drawn by the U.S. Supreme Court about 
the impact upon children of segregation compelled by law — that it 
"affects their hearts and minds in ways unlikely ever to be undone" — 
applies to segregation not compelled by law. 

The major source of the harm which racial isolation inflicts upon 
Negro children is not difficult to discover. It lies in the attitudes which 
such segregation generates in children and the effect these attitudes have 
upon motivation to learn and achievement. Negro children believe that 
their schools are stigmatized and regarded as inferior by the community 
as a whole. Their belief is shared by their parents and by their teachers. 
And their belief is founded in fact. 

Isolation of Negroes in the schools has a significance different from 
the meaning that religious or ethnic separation may have had for other 
minority groups because the history of Negroes in the United States has 
been different from the history of all other minority groups. Negroes 
in this country were first enslaved, later segregated by law, and now 
are segregated and discriminated against by a combination of govern- 
mental and private action. They do not reside today in ghettos as the 
result of an exercise of free choice and the attendance of their children 
in racially isolated schools is not an accident of fate wholly unconnected 
with deliberate segregation and other forms of discrimination. In the 
light of this history, the feelings of stigma generated in Negro children 
by attendance at racially isolated schools are realistic and cannot easily 
be overcome. 



I 



193 



Barriers to Understanding 

Many Americans have sensed the grave injustice that racial isolation 
inflicts upon Negro children. But the need for a remedy sufficient to 
meet the injustice perceived has been obscured by the existence of other 
factors that contribute to educational disadvantage. 

Thus, it is said with truth that Negro children often are handicapped 
in school because they come from poor and ill-educated families. But 
the conclusion drawn by a few pessimistic educators that the school can- 
not be expected to deal with these deficits does injustice both to the 
children involved and to American education. For the very purpose 
of American public education from Jefferson's time to the present has 
been to help youngsters surmount the barriers of poverty and limited 
backgrounds to enable them to develop their talents and to participate 
fully in society. The tributes accorded to public education stem largely 
from the fact that it has served this role so successfully for so many 
Americans — Negroes as well as whites. This record affords ample 
grounds for hope that education can meet today's challenge of pre- 
paring Negro children to participate in American society. Counsels 
of despair will be in order only if, after having done everything to create 
the conditions for success, we have failed. 

It also is said with truth that disadvantaged Negro youngsters are in 
need of special attention, smaller classes, a better quality of instruction, 
and teachers better prepared to understand and set high standards for 
them. But the suggestion that this is all that is needed finds little 
support in our experience to date with efforts to provide compensatory 
education. The weakest link in these efforts appears to be those programs 
which attempt to instill in a child feelings of personal worth and dignity 
in an environment in which he is surrounded by visible evidence which 
seems to deny his value as a person. This does not appear to be a problem 
which will yield easily to additional infusions of money. More funds 
clearly are required and investments in programs that will improve 
teaching and permit more attention to the individual needs of students 
undoubtedly will benefit many children. The evidence suggests, how- 
ever, that the better services additional funds will provide will not be 
fully effective in a racially isolated environment, but only in a setting 
which supports the teacher's effort to help each child to understand that 
he is a valuable person who can succeed. 

Finally, it is held often that the problem of educational disadvantage 
is one of class, not race. And it is true that an important key to pro- 
viding good education for disadvantaged youngsters lies in affording them 
the opportunity to attend school with children who, by reason of their 
parents' education and income, have a genuine headstart. Children 
benefit from association in schools with others more advantaged than they 
and from a classroom environment which permits the establishment of 

194 



high standards toward which they must strive. But, as a practical mat- 
ter, the relatively small numbers of middle-class Negro children in the 
public schools means that it will be possible to provide social class inte- 
gration only by providing racial integration. And even if social class 
integration could be accomplished without racial integration, the remedy 
would be partial and inadequate, for children would still be attending 
schools stigmatized because of race. 

Thus, the complexity of the problem of educational disadvantage 
should not be allowed to obscure the central fact — that racial isolation is 
the heart of the matter and that enduring solutions will not be possible 
until we deal with it. 



Barriers to Remedy 



More fundamental perhaps than the difficulties of understanding the 
problem of racial isolation is the belief held by many Americans that 
solutions will require both change and sacrifice. 

Change certainly will be required. As our cities have grown, in- 
creasing distances, physical and psychological, have separated the affluent 
majority from disadvantaged minorities. We have followed practices 
which exclude racial and economic minorities from large areas of the city 
and we have created structures, such as our method of financing educa- 
tion, which, by providing more attractive facilities with less tax effort, 
tend to attract the affluent to the very areas from which minorities are 
excluded. And the fact of racial and economical separation itself has 
generated attitudes which make integration increasingly difficult. The 
lines of separation are now well established, self-perpetuating, and very 
difficult to reverse. 

Because of the difficulties cf effecting change, it has been tempting to 
think in terms of remedies which will require a minimum of effort on the 
part of the schools and least disrupt the educational status quo. So it 
has been suggested that the problem of securing equal educational oppor- 
tunity is really a problem of housing, and that if discrimination in housing 
can be eliminated it will be possible to desegregate the schools without 
changing existing school patterns. But such a solution would require 
vast changes in an area where resistance to change is most entrenched. 
Laws designed to secure an open market in housing are needed now, but 
the attitudes fostered in segregated schools and neighborhoods make it 
unlikely that such legislation will be fully effective for years. To make 
integrated education dependent upon open housing is to consign at least 
another generation of children to racially isolated schools and to lengthen 
the time that will be required to overcome housing discrimination. 

Similarly, it has been suggested that if integration were to be sought 
only at the high school level, it would be accomplished with relative ease 
and without unduly disturbing existing attendance patterns. But the 

195 



hard fact is that attitudes toward learning are formed during a child's 
early years, and it is in this period that the educational process has its 
greatest impact, positive or negative. Remedies that are not instituted 
until children reach high school are those least likely to be successful. 

Thus, it appears that meaningful remedy will require an alteration 
of the status quo; but in a changing world, change is hardly to be re- 
sisted for its own sake, particularly when it is designed to create a more 
just society. A more substantial question for many white American 
parents is whether what is required to right a wrong this Nation has 
inflicted upon Negro children will impair the interests of their children. 

It is relevant to begin such an inquiry by asking whether the racially 
isolated education most white children receive now causes them any 
injury. There is evidence in this report which suggests that children 
educated in all-white institutions are more likely than others to develop 
racial fears and prejudices based upon lack of contact and information. 
Although it cannot be documented in traditional ways, we believe that 
white children are deprived of something of value when they grow up in 
isolation from children of other races, when their self-esteem and assur- 
ance may rest in part upon false notions of racial superiority, when they 
are not prepared by their school experience to participate fully in a world 
rich in human diversity. These losses, although not as tangible as those 
which racial isolation inflicts upon Negro youngsters, are real enough to 
deserve the attention of parents concerned about their children's 
development. 

Unfortunately, they do not seem as real to many parents as the feared 
consequences of integration. The fears most frequently articulated are 
that integration will destroy the concept of neighborhood schools and 
will require the busing of children over long distances. The values of 
neighborhood and proximity, of course, are relative. In today's world, 
all of us, adults and children, are residents of many neighborhoods and 
communities, large and small. We do not hesitate to bus our children 
long distances in rural areas, or, in cities, to private schools or to other 
schools offering special advantages. Thus, the issue is not whether small 
neighborhood schools are good or busing bad, per se, but whether the 
interests of our children will be served or impaired by particular proposals 
or solutions. Will our children be held back by being placed in classes 
with children of other, less advantaged backgrounds? Will the educa- 
tion provided at the end of a trip be as good as, or better than, the educa- 
tion our children presently receive? 

Most often these issues have been debated in the context of the inner- 
city, in circumstances which have made it easy for fears to be magnified 
and exaggerated. The image conjured up in the minds of many parents 
has been one in which their children are cross-bused to ghetto schools 
and taught in classrooms populated by large numbers of disadvantaged 
children and lacking in essential services. Moreover, ethnic and class 

196 



I 

tensions have been aroused by proposals for partial solutions which appear 
to place more responsibilities upon less affluent whites than upon those 
who are better off. 

The fundamental answer to these fears is that solutions sought must 
be those that will not only remedy injustice, but improve the quality of 
education for all children. The Commission has been convinced, both 
by practical demonstrations and by sound proposals, that such solutions 
are available. 

While public attention has been focused upon the more dramatic con- 
troversies, many small cities and suburban communities in the Nation 
have quietly integrated their schools. By a variety of techniques these 
communities have achieved their goal by substituting community schools 
for those serving smaller neighborhoods. In most cases the issue has been 
approached calmly and compassionately, with a view toward improving 
the quality of education for all children. Steps have been taken to main- 
tain and improve educational standards, to avoid the possibility of inter- 
racial frictions, and to provide remedial services for children who need 
them. And, in m^ost cases, the conclusion has been that advantaged 
children have not suffered from educational exposure to others not as 
well off, and that the results have been of benefit to all children, white and 
Negro alike. 

In larger cities, while efforts to achieve integration have been frag- 
mentary and in many cases more recent, the results generally have been 
the same. The most recent efforts, admittedly embryonic, involving 
cooperation between suburban and city school districts in metropolitan 
areas have met with favorable reactions from those involved. Negro 
parents have reported that the values of better education have not been 
diminished by the bus trips necessary to obtain it. White parents have 
reported that their children have benefited from the experience. And 
administrators and teachers have described the educational results as 
positive. 

Fears of the unknown, therefore, are being refuted by practical experi- 
ence. Efforts to achieve integration by establishing schools serving a 
wider community clearly will be more difficult and costly in large cities 
than in smaller cities and suburban communities, but there is every in- 
dication that they will yield beneficial results. 

Equally as important, the establishment of schools serving larger stu- 
dent populations is consistent with what leading educators believe is 
necessary to improve the quality of education for all Americans. Educa- 
tion which meets the needs of a technological society requires costly 
equipment which cannot be provided economically in schools which serve 
small numbers of students. Further, educators have concluded that 
larger facilities will provide more scope for innovation and individual 
initiative in the development of curriculum and teaching techniques. 
Efforts to stimulate such initiative in small school units have been frus- 
trated by lack of available resources. 

197 

94^-fi'?7 n - fi7 - Id 

i 



243-637 O - 67 - 14 



At the same time, educators have concluded that in larger facilities 
techniques would be available to teachers which would permit them to 
give more attention to the individual needs of children. It has been 
pointed out, for example, that the present rigid system of classifying and 
teaching students by grades, with the limited options of promoting or 
keeping a child back, does not permit the full development of each indi- 
vidual child's abilities. The availability of more flexible classroom 
space would make possible the utilization of nongraded classes and team 
teaching in ways which would allow for greater attention to the individual 
needs and capabilities of students. Although the development of com- 
puter technology is at a very early stage, there is evidence to suggest that 
it too may become a valuable aid to teachers in meeting the needs of indi- 
vidual children. Thus, the development of new schools serving larger 
populations would make possible the use of techniques and instruments 
that would improve the quality of education for all students. They hold 
forth the promise that means can be devised to assure that the advance- 
ment of a child is not held back by the capabilities of any of his class- 
mates — advantaged or disadvantaged. 

Thus, although many would argue that a wrong which we as a Nation 
have inflicted upon Negro children must be righted even if it required 
real sacrifice, it is not necessary to face this dilemma. The goals of 
providing equal educational opportunity for Negro Americans and qual- 
ity education for all children are consistent and the measures which will 
produce both in many respects are identical. The only sacrifice required 
is that of our resources and energies in securing these goals. 

The Commission has approached the question of remedy with the 
belief that it would be unwise, if not impossible, to prescribe uniform 
solutions for the Nation. We believe that there is an evil which must 
be corrected. We believe that the Federal Government has the author- 
ity, the responsibility, and the means to assure that it is corrected. We 
have satisfied ourselves that remedies are available which will provide 
better education for all American children and we believe that there are 
people in all sections of the Nation with enough wisdom and ingenuity 
to devise solutions appropriate to the particular needs of each area. The 
remaining question is whether this Nation retains the will to secure equal 
justice and to build a better society for all citizens. The Commission 
issues this report in the knowledge that this Nation has dedicated itself 
to great tasks before, and with the faith that it is prepared to do so again. 



198 



Findings 

Racial Isolation: Extent and Context 



Extent 

1. Racial isolation in the public schools is intense throughout the 
United States. In the Nation's metropolitan areas, where two-thirds 
of both the Negro and white population now live, it is most severe. 
Seventy-five percent of the Negro elementary students in the Nation's 
cities are in schools with enrollments that are nearly all-Negro (90 per- 
cent or more Negro) , while 83 percent of the white students are in nearly 
all-white schools. Nearly nine of every 10 Negro elementary students 
in the cities attend majority-Negro schools. 

2. This high level of racial separation in city schools exists whether the 
city is large or small, whether the proportion of Negro enrollment is 
large or small, and whether the city is located North or South. 

Trefids 

3. Racial isolation in the public schools has been increasing. Over 
recent years Negro elementary school enrollment in northern city school 
systems has increased, as have the number and proportion of Negro ele- 
mentary students in majority-Negro and nearly all-Negro schools. Most 
of this increase has been absorbed in schools which are now more than 90 
percent Negro, and almost the entire increase in schools which are 
now majority-Negro. There is evidence to suggest that once a school 
becomes almost half- or majority-Negro, it tends rapidly to become 
nearly all-Negro. 

4. In Southern and border cities, although the proportion of Negroes 
in all-Negro schools has decreased since the 1954 Supreme Court decision 
in Brown v. Board of Education, a rising Negro enrollment, combined 
with only slight desegregation, has produced a substantial increase in the 
number of Negroes attending nearly all-Negro schools. 

199 



Population Movements in Metropolitan Areas 

5. The Nation's metropolitan area populations are growing and are 
becoming increasingly separated by race. Between 1940 and 1960, 
the increase of Negroes in metropolitan areas occurred mainly in the 
central cities while the white increase occurred mainly in the suburbs. 
These trends are continuing. 

6. The trends are reflected among school-age children. 

[a) By 1960, four of every five nonwhite school-age children in 
metropolitan areas lived in central cities while nearly three of every five 
white children lived in the suburbs. 

{b) Negro schoolchildren in metropolitan areas increasingly are 
attending central city schools and white children, suburban schools. 

[c) A substantial number of major cities have elementary school en- 
rollments that are more than half -Negro. 

Causes of Racial Isolation 

Metropolitan Dimensions 

1. The Nation's metropolitan area populations also are becoming 
increasingly separated socially and economically. There are widening 
disparities in income and educational level between families in the cities 
and families in the suburbs. People who live in the suburbs increasingly 
are more wealthy and better educated than people who live in the cities. 

2. The increasing racial, social, and economic separation is reflected 
in the schools. School districts in metropolitan areas generally do not 
encompass both central city and suburban residents. Thus, central city 
and suburban school districts, like the cities and suburbs themselves, 
enclose separate racial, economic, and social groups. 

3. Racial, social, and economic separation between city and suburb 
is attributable in large part to housing pohcies and practices of both 
private industry and government at all levels. 

(a) The practices of the private housing industry have been dis- 
criminatory and the housing produced in the suburbs generally has been 
at prices only the relatively affluent can afford. 

( b ) Local governments in suburban areas share the responsibility for 
residential segregation. Residential segregation has been established 
through such means as racially restrictive zoning ordinances, racially re- 
strictive covenants capable of judicial enforcement, administrative de- 
terminations on building permits, inspection standards and location of 
sewer and water facilities, and use of the power of eminent domain, 
suburban zoning, and land use requirements to keep Negroes from 
entering all-white communities. 

200 



(c) Federal housing policy has contributed to racial segregation in 
metropolitan areas through past discriminatory practices. Present non- 
discrimination policies and laws are insufficient to counteract the effects 
of past policy. 

(d) Laws and policies governing low- and moderate-income hous- 
ing programs, including public housing, the FHA 221 (d) (3) program, 
and the rent supplement program, serve to confine the poor and the 
nonwhite to the central city. Under each of these programs, suburban 
jurisdictions hold a special veto power, 

4. Racial and economic isolation between city and suburban school 
systems is reinforced by disparities of wealth between cities and suburbs 
and the manner in which schools are financed. 

(a) Schools are financed by property tax levies which make educa- 
tion dependent on the wealth of the community. 

{b) Suburbs with increasing industry and increasing numbers of 
affluent people have a large tax base and are able to finance their schools 
with less effort. 

(c) Cities with shrinking industry, a disproportionate share of the 
poor, and increasing costs for non-educational services to both residents 
and nonresidents, are less able to provide the required revenue for schools. 

(d) State educational aid for schools, though designed to equalize, 
often does not succeed in closing the gap between city and suburban 
school districts. 

{e) Federal aid at present levels in most instances is insufficient to 
close the gap between central city school districts and those of more 
affluent suburbs. 

(/) These disparities provide further inducement to many white 
families to leave the city. 

Racial Isolation and the Central City 

5. Within cities, as within metropolitan areas, there is a high degree of 
residential segregation — reflected in the schools — for which responsibility 
is shared by both the private housing industry and government. 

( a ) The discriminatory practices of city landlords, lending institutions, 
and real estate brokers have contributed to the residential confinement of 
Negroes. 

[b) State and local governments have contributed to the pattern of 
increasing residential segregation through such past discriminatory prac- 
tices as racial zoning ordinances and racially restrictive covenants capable 
of judicial enforcement. Current practices in such matters as the location 
of low-rent pubHc housing projects, and the displacement of large num- 
bers of low-income nonwhite families through local improvement pro- 
grams also are intensifying residential segregation. 

201 



(c) Federal housing programs and policies serve to intensify racial 
concentrations in cities. Federal policies governing low- and moderate- 
income housing programs such as low-rent public housing and FHA 
221 (d) (3) do not promote the location of housing outside areas of in- 
tense racial concentration. Federal urban renewal policy is insufficiently 
concerned with the impact of relocation on racial concentrations within 
cities. 

6. Individual choice contributes to the maintenance of residential 
segregation, although the impact of such choice is difficult to assess since 
the housing market has been restricted. 

7. In all central cities, as compared to their suburbs, nonpublic schools 
absorb a disproportionately large segment of the white school popula- 
tion; nonwhites, however, whether in city or suburbs, attend public 
schools almost exclusively. 

Educational Policies and Practices 

8. The policies and practices of city school systems have a marked 
impact on the racial composition of schools. 

[a) Geographical zoning, the most commonly used form of student 
assignment in northern cities, has contributed to the creation and mainte- 
nance of racially and socially homogeneous schools. 

( b ) School authorities exercise broad discretion in determining school 
attendance areas, which in most communities are not prescribed by ref- 
erence to well-defined neighborhoods or by specific guidelines based on 
the optimum size of schools. 

(<:) In determining such discretionary matters as the location and 
size of schools, and the boundaries of attendance areas, the decisions of 
school officials may serve either to intensify or reduce racial concentra- 
tions. Although there have been only a few instances where purposeful 
segregation has been judicially determined to exist in the North, ap- 
parently neutral decisions by school officials in these areas frequently 
have had the effect of reinforcing racial separation of students. 

{d) In Southern and border cities, similar decisions of school officials, 
combined with a high degree of residential racial concentration and rem- 
nants of legally compelled segregation, have had the effect of perpetuat- 
ing racial isolation in the schools. 

Racial Isolation and the Outcomes of 
Education 

1. There are marked disparities in the outcomes of education for 
Negro and white Americans. Negro students typically do not achieve 
as well in school ,as white students. The longer they are in school the 



202 



further they fall behind. Negroes are enrolled less often in college than 
whites and are much more likely to attend high schools which send a 
relatively small proportion of their graduates to college. Negroes with 
college education are less likely than similarly educated whites to be 
employed in white-collar trades. Negroes with college education earn 
less on the average than high-school educated whites. These disparities 
result, in part, from factors that influence the achievement, aspirations, 
and attitudes of school children. 

2. There is a strong relationship between the achievement and attitudes 
of a school child and the economic circumstances and educational back- 
ground of his family. Relevant factors that contribute to this relationship 
include the material deprivation and inadequate health care that chil- 
dren from backgrounds of poverty often experience, the fact that dis- 
advantaged children frequently have less facility in verbal and written 
communication — the chief vehicle by which schools measure student 
achievement — and the inability of parents in poor neighborhoods to 
become as involved in school affairs and affect school policy as much 
as more affluent parents. 

3. The social class of a student's schoolmates — as measured by the 
economic circumstances and educational background of their families — 
also strongly influences his achievement and attitudes. Regardless of 
his own family background, an individual student achieves better in 
schools where most of his fellow students are from advantaged back- 
grounds than in schools where most of his fellow students are from dis- 
advantaged backgrounds. The relationship between a student's achieve- 
ment and the social class composition of his school grows stronger as the 
student progresses through school. 

4. Negro students are much more likely than white students to attend 
schools in which a majority of the students are disadvantaged. The 
social class composition of the schools is more important to the achieve- 
ment and attitudes of Negro students than whites. 

5. There are noticeable differences in the quality of schools which 
Negroes attend and those which whites attend. Negro students are less 
likely than whites to attend schools that have well-stocked libraries. 
Negro students also are less likely to attend schools which offer advanced 
courses in subjects such as science and languages and are more likely to 
be in overcrowded schools than white students. There is some relation- 
ship between such disparities and the achievement of Negro students. 

6. The quality of teaching has an important influence on the achieve- 
ment of students, both advantaged and disadvantaged. Negro students 
are more likely than white students to have teachers with low verbal 
achievement, to have substitute teachers, and to have teachers who are 
dissatisfied with their school assignment. 

7. The relationship between the quality of teaching and the achieve- 
ment of Negro students generally is greater in majority-Negro schools 

203 



than in majority-white schools. Negro students in majority-white schools 
with poorer teachers generally achieve better than similar Negro students 
in majority-Negro schools with better teachers. 

8. There is also a relationship between the racial composition of schools 
and the achievement and attitudes of most Negro students, which exists 
when all other factors are taken into account. 

(a) Disadvantaged Negro students in school with a majority of 
equally disadvantaged white students achieve better than Negro students 
in school with a majority of equally disadvantaged Negro students. 

( b ) Differences are even greater when disadvantaged Negro students 
in school with a majority of disadvantaged Negro students are compared 
with similarly disadvantaged Negro students in school with a majority 
of advantaged white students. The difTerence in achievement for 
12th-grade students amounts to more than two entire grade levels. 

(<:) Negroes in predominantly Negro schools tend to have lower 
educational aspirations and more frequently express a sense of inability 
to influence their futures by their own choices than Negro students with 
similar backgrounds attending majority-white schools. Their fellow 
students are less likely to offer academic stimulation. 

( d ) Predominantly Negro schools generally are regarded by the com- 
munity as inferior institutions. Negro students in such schools are sensi- 
tive to such views and often come to share them. Teachers and admin- 
istrative staff frequently recognize or share the community's view and 
communicate it to the students. This stigma afTects the achievement 
and attitudes of Negro students. 

9. The effects of racial composition of schools are cumulative. The 
longer Negro students are in desegregated schools, the better is their 
academic achievement and their attitudes. Conversely, there is a grow- 
ing deficit for Negroes who remain in racially isolated schools. 

10. Racial isolation in school limits job opportunities for Negroes. 
In general, Negro adults who attended desegregated schools tend to have 
higher incomes and more often fill white-collar jobs than Negro adults 
who went to racially isolated schools. 

1 1 . Racial isolation is self-perpetuating. School attendance in racial 
isolation generates attitudes on the part of both Negroes and whites 
which tend to alienate them from members of the other race. These 
attitudes are reflected in behavior. Negroes who attended majority- 
white schools are more likely to reside in interracial neighborhoods, to 
have children in majority-white schools, and to have white friends. 
Similarly, white persons who attended school with Negroes are more 
likely to live in an interracial neighborhood, to have children who attend 
school with Negroes, and to have Negro friends. 



I 



204 



Remedy 

Compensatory Programs in Isolated Schools 

1. Evaluations of programs of compensatory education conducted in 
schools that are isolated by race and social class suggest that these pro- 
grams have not had lasting effects in improving the achievement of the 
students. The evidence indicates that Negro children attending desegre- 
gated schools that do not have compensatory education programs per- 
form better than Negro children in racially isolated schools with such 
programs. 

2. Compensator)' education programs have been of limited effective- 
ness because they have attempted to solve problems that stem, in large 
part, from racial and social class isolation in schools which themselves 
are isolated by race and social class. 

3. Large-scale increases in expenditures for remedial techniques, such 
as those used in preschool projects funded under the Head Start Pro- 
gram, which improve teaching and permit more attention to the indi- 
vidual needs of children, undoubtedly would be helpful to many 
students, although it is uncertain that they could overcome the problems 
of racial and social class isolation. 

4. Compensatory education programs on the present scale are unlikely 
to improve significantly the achievement of Negro students isolated by 
race and social class. 

Desegregation 

5. Sexeral small cities and suburban communities have desegregated 
their schools effectively. Although a variety of techniques have been 
used in these communities, a major part of each plan has been the 
enlargement of attendance areas. Desegregation generally has been ac- 
cepted as successful by these communities. 

6. Factors contributing to successful school desegregation include the 
exercise of strong leadership by State and local oiTicials to help imple- 
ment desegregation, the involvement of all schools in the community, 
the desegregation of classes within desegregated schools, steps to avoid the 
possibility of interracial friction, and the provision of remedial assistance 
to children who need it. The available evidence suggests that the aca- 



205 



I 



demic achievement of white students in desegregated classrooms gen- 
erally does not suffer by comparison with the achievement of such 
students in all-white classrooms. Steps have been taken in communities 
that have desegregated their schools successfully to maintain or improve 
educational standards. There is also evidence that non-academic bene- 
fits accrue to white students who attend desegregated schools. 

7. The techniques employed by large city school systems generally 
have not produced any substantial school desegregation. 

{a) Techniques such as open enrollment which do not involve the 
alteration of attendance areas have not produced significant school de- 
segregation. The efTectiveness of open enrollment is limited significantly 
by the availability of space in majority-white schools and the require- 
ment in many cases that parents initiate transfer requests and pay trans- 
portation costs. Open enrollment also does not result in desegregation 
of majority-Negro schools. 

( b ) Other techniques which do involve the alteration of attendance 
areas, such as school pairing, have not been as successful in producing 
desegregation in large cities as in smaller cities. 

8. The large proportion of Negro children in many central city school 
systems makes effective desegregation possible only with the cooperation 
of suburban school systems. 

9. Programs involving urban-suburban cooperation in the desegrega- 
tion of schools, while only beginning and presently very limited, show 
promise as techniques for desegregating the schools in the Nation's larger 
metropolitan areas. 

10. In large cities, promising proposals have been developed which 
seek to desegregate schools by broadening attendance areas so that school 
populations will be more representative of the community as a whole and 
to improve the quality of education by providing additional resources 
and innovations in the educational program. 

(a) Proposals for educational facilities such as supplementary' educa- 
tion centers and magnet schools, which contemplate a system of special- 
ized school programs located either in existing schools or in new facilities, 
and education complexes, which would consist of clusters of existing 
schools reorganized to provide centralized services for schoolchildren in 
an enlarged attendance area, would contribute to improving the quality 
of education and would provide some progress in school desegregation. 

( b ) Proposals for education parks, designed to improve the quality of 
education and desegregate the schools by pro\'iding new centralized school 
facilities serving a range of grade levels in a single campus, are most prom- 
ising. Such parks could contribute to improving the quality of educa- 
tion by permitting advances and innovations in educational techniques 
not possible in smaller schools and could facilitate desegregation by en- 
larging attendance areas, in some cases to draw students both from the 
central city and the suburbs. Although legitimate concerns have been 

206 



raised about the size and complexity of education parks, the new and 
flexible approaches to teaching and learning they would make possible 
could provide greater individual attention for each child's needs than 
is now possible in smaller schools. Additional problems relating to the 
cost and feasibility of education parks can be met in some measure by 
the economies which are made possible by the consolidation of resources 
in larger facilities. Although education parks would require a substan- 
tial new investment, it is within the range of what is feasible if the costs 
are shared by the Federal, State, and local governments. 

Racial Isolation: The Role of the Law 

1. Purposeful school segregation — violative of the Constitution — has 
occurred in Northern cities. 

2. It remains an open question whether school segregation which is 
not imposed by purposeful action of school authorities violates the Con- 
stitution. The Supreme Court of the United States has not resolved the 
issue. 

3. The courts consistendy have upheld State or local action to eUm- 
inate or alleviate racial isolation in the public schools against the charge 
that it is unconstitutional to consider race in formulating school board 
policies. Only a few States have taken any action to require local school 
authorities to remedy racial isolation in their schools. 

4. Congress has passed legislation aimed at eliminating racial dis- 
crimination in the assignment of children to public schools, but this 
legislation does not appear to dictate the application of sanctions not 
involving purposeful discrimination. 

5. Congress has the power to enact legislation to remedy the inequality 
of educational opportunity to which Negro students are subjected by being 
assigned to racially isolated schools. 

6. Congress, with its ability to appropriate funds, is the branch of 
Government best able to assure quality education and equal educational 
opportunity. 



207 



Recommendations 

This report describes conditions that result in injustices to children 
and require immediate attention and action. The responsibilty for cor- 
rective action rests with government at all levels and with citizens and 
organizations throughout the Nation. We must commit ourselves as a 
Nation to the establishment of equal educational opportunity of high 
quality for all children. .45 an important means of fulfilling this na- 
tional goal, the Commission recommends that the President and the 
Congress give immediate and urgent consideration to new legislation 
for the purpose of removing present racial imbalances from our public 
schools, thus to eliminate the dire effects of racial isolation which this 
report describes, and at long last, providing real equality of educational 
opportunity by integrating presently deprived American children of all 
races into a totally improved public educational system. 

Without attempting to outline needed legislation in great detail, our 
study of the problem convinces the Commission that new legislation 
must embody the following essential principles: 

1. Congress should establish a uniform standard providing for the 
elimination of racial isolation in the schools. 

Since large numbers of Negro children suffer harmful effects that are 
attributable in part to the racial composition of schools they attend, legis- 
lation should provide for the elimination of schools in which such harm 
generally occurs. No standard of general applicability will fit every case 
precisely; some schools with a large proportion of Negro students may 
not in fact produce harmful effects while others with a smaller proportion 
may be schools in which students are disadvantaged because of their race. 
But the alternative to establishing such a standard is to require a time- 
consuming and ineffective effort to determine on a case-by-case basis the 
schools in which harm occurs. As it has in analogous situations, Congress 
should deal with this problem by establishing reasonable and practical 
standards which will correct the injustice without intruding unnecessarily 
into areas where no corrective action is needed. 

In prescribing a reasonable standard, there is much to commend the 
criterion already adopted by the legislature in Massachusetts and the 
Commissioner of Education of New York, defining as racially imbalanced, 
schools in which Negro pupils constitute more than 50 percent of the 
total enrollment. It was found in this report that when Negro students 



209 



I 



in schools with more than 50 percent Negro enrollment were compared 
with similarly situated Negro students in schools with a majority-white 
enrollment, there were significant differences in attitude and perform- 
ance. It is the schools that have a majority-Negro enrollment that tend 
to be regarded and treated by the community as segregated and inferior 
schools. Although there are many factors involved, the racial com- 
position of schools that are majority-Negro in enrollment tends to be less 
stable than that of majority-white schools and to be subject to more rapid 
change. 

Similar arguments might be advanced for a standard which would 
deviate slightly from a 50-percent criterion, but a standard set sig- 
nificantiy higher would not be adequate to deal with the problem 
and probably would not result in lasting solutions. 

2. Congress should vest in each of the 50 States responsibility for 
meeting the standard it establishes and should allow the States maxi- 
mum flexibility in devising appropriate remedies. It also should pro- 
vide financial and technical assistance to the States in planning such 
remedies. 

It would be unwise for the Federal Government to attempt to prescribe 
any single solution or set of solutions for the entire Nation. There is 
a broad range of techniques which are capable of achieving education 
of high quality in integrated public schools. Each State should be free 
to adopt solutions best suited to the particular needs of its individual 
communities. 

At the same time it is clear that the responsibility should be placed 
upon the States rather than the individual school districts. The States, 
and not individual communities alone, have the capacity to develop and 
implement plans adequate to the objective. The States have assumed 
the responsibility for providing public education for all of their citizens 
and for establishing the basic conditions under which it is offered. Re- 
sponsibility for achieving the goal of high-quaUty integrated education 
can and should be placed upon the States under terms which afford broad 
scope for local initiative. But in many jurisdictions, particularly the 
major cities, solutions are not possible without the cooperation of neigh- 
boring communities. The States possess the authority and the means for 
securing cooperation, by consohdating or reorganizing school districts or 
by providing for appropriate joint arrangements between school districts. 

To help the States in devising appropriate remedies, the Federal 
Government should provide technical and financial assistance. 

3. The legislation should include programs of substantial financial 
assistance to provide for construction of new facilities and improvement 
in the quality of education in all schools. 

In many cases, particularly in the major cities, integrating the public 
schools will require the construction of new facilities designed both to 
serve a larger student population and to be accessible to all children in 

210 



the area to be served. Substantial Federal assistance is needed to supple- 
ment the resources of States and localities in building new schools of this 
kind and providing higher quality education for all children. Federal 
assistance also can be helpful in encouraging cooperative arrangements 
between States which provide education services to the same metropolitan 
area and between separate school districts in a metropolitan area. In 
addition, Federal financial assistance now available under programs such 
as aid for mass transportation and community facilities should be utilized 
in ways which will advance the goal of integration. 

Regardless of whether the achievement of integration requires new 
facilities, Federal financial assistance is needed for programs to improve 
the quality of education. States and localities should have broad discre- 
tion to develop programs best suited to their needs. Programs that are 
among the most promising involve steps — ^such as the reduction of pupil- 
teacher ratios, the establishment of ungraded classes and team teaching, 
and the introduction of specialized remedial instruction — which enable 
teachers to give more attention to the individual needs of children. 
Funds also could be used for purposes such as assisting the training of 
teachers, developing new educational techniques, and improving 
curriculum. 

4. Congress should provide for adequate time in which to accom- 
plish the objectives of the legislation. 

It is clear that equal opportunity in education cannot be achieved over- 
night. Particularly in the large cities where problems of providing equal 
educational opportunity have seemed so intractable, time will be neces- 
sary for such matters as educational and physical planning, assembling 
and acquiring land, and building new facilities. However, since the 
problem is urgent a prompt start must be made toward finding solutions, 
progress must be continuous and substantial, and there must be some 
assurance that the job will be completed as quickly as possible. The time 
has come to put less emphasis on "deliberate" and more on "speed." 

* * * 

The goals of equal educational opportunity and equal housing oppor- 
tunity are inseparable. Progress toward the achievement of one goal 
necessarily will facilitate achievement of the other. Failure to make 
progress toward the achievement of either goal will handicap efforts to 
achieve the other. The Commission recommends, therefore, that the 
President and Congress give consideration to legislation which will: 

5. Prohibit discrimination in the sale or rental of housing, and 

6. Expand programs of Federal assistance designed to increase the 
supply of housing throughout metropolitan areas within the means of 
low- and moderate-income families. 

Additional funds should be provided for programs such as the rent 
supplement program and FHA 221(d)(3), and these two programs 
should be amended to permit private enterprise to participate in them 

211 



free from the special veto power now held by local governments under 
present Federal statutes. 

In addition, the Commission recommends that the Department of 
Housing and Urban Development: 

7. Require as a condition for approval of applications for low- and 
moderate-income housing projects that the sites will be selected and 
the projects planned in a nondiscriminatory manner that will con- 
tribute to reducing residential racial concentrations and eliminating 
racial isolation in the schools. 

8. Require as a condition for approval of urban renewal projects that 
relocation will be planned in a nondiscriminatory manner that will 
contribute to reducing residential racial concentrations and eliminating 
racial isolation in the schools. 



212 



Supplementary Statement by Commissioner Freeman 

The worsening crisis in our cities is essentially a human crisis. This is 
a truth we tend to forget because the crisis is so often expressed in abstrac- 
tions — dwindling tax revenues, housing trends, unemployment rates, 
statistics on air pollution, or crime and delinquency. Even in this 
report, which deals with a most fundamental aspect of our current urban 
dilemma — the crisis in public education — we have had to describe what 
has been happening in terms of achievement scores, graphs, and figures. 
But it must never be forgotten that what we have really been looking at 
LS the brutal and unnecessary damage to human lives. 

For it is unnecessary at this point in a Nation as affluent as ours that 
hundreds of thousands of poor children, a disproportionate number of 
them Negro children, should be isolated in inadequately staffed and 
equipped slum schools — schools which the community has stigmatized 
as inferior. And, at the same time, on the other side of the Great Divide 
which we have too long permitted in public education, the advantaged 
children — most of them white — attend schools in the suburbs and out- 
lying residential sections of our cities which have a disproportionate share 
of the best teachers, which offer the most advanced curricula and facili- 
ties, and which provide individualized attention of a kind and quality 
seldom available to the minority poor. 

Segregation is a term at which many northerners wince, but for genera- 
tions of poor Negroes in the North, segregation has been a reality which 
has hardly been mitigated by legalistic distinctions between de facto and 
de jure. Neither the presence of nondiscrimination statutes nor the 
absence of overtly discriminatory laws has been very effective so far in 
erasing the barriers between Negro and white, advantaged and dis- 
advantaged, educated and miseducated. Only if this is understood can 
we also understand why today there are Negro Americans who are saying, 
in effect : Since we seem to be tending toward public school systems offer- 
ing a superior quality of education in middle-class and white schools 
and inferior quahty in schools for poor Negro children, why not accept 
the separation as inevitable and concentrate on attempting to provide 
superior education in the schools attended by the Negro poor? This 
question is likely to have a more convincing ring than it otherwise would 
have because it comes at a time when education is only one of several 
pressing priorities which command the country's attention, and when 
there is doubt about the strength of this Nation's commitment to the 

213 

243-637 O - 67 - 15 



social changes which simple justice and our national principles demand. 
To the extent that the civil rights movement of the past several years has 
produced an impatience with the status quo, an upsurge of self-esteem, 
and a new assertion of dignity and identity among Negro citizens, it is 
healthy and long overdue. However, there is little that is healthy and 
much that is potentially self defeating in the emotionalism and racial bias 
that seem to motivate a small but vocal minority among those who now 
argue for "separate-but-equal" school systems. 

It is certainly true that in the past a good many Negroes have emerged 
from segregated schools to earn advanced degrees, to acquire comfortable 
incomes, and to register achievements which are too seldom recorded in 
the books with which most American schoolchildren are supplied. But 
the fact that the barriers imposed by segregation have been overcome by 
some of the more talented, the more determined, and the more fortunate, 
would hardly seem to recommend it to thousands of disadvantaged 
youngsters for whom segregation has already demonstrated its capacity 
to cripple rather than to challenge. Quite aside from being poor democ- 
racy, it would seem to be poor economy, and criminally poor educa- 
tional policy, to continue to isolate disadvantaged children by race and 
class when it is the interaction with advantaged children which appears 
to be the single most effective factor in narrowing the learning gap. 

Let us be clear on the issues. The question is not whether in theory 
or in the abstract Negro schools can be as good as white schools. In a 
society free from prejudice in which Negroes were full and equal partici- 
pants, the answer would clearly be "Yes." But we are forced, rather, 
to ask the harder question, whether in our present society, where Negroes 
are a minority which has been discriminated against, Negro children 
can prepare themselves to participate effectively in society if they grow 
up and go to school in isolation from the majority group. We must 
also ask whether we can cure the disease of prejudice and prepare all 
children for life in a multiracial world if white children grow up and go to 
school in isolation from Negroes. 

We are convinced that a great deal more, not less, integration is the 
wisest course to follow if we are really concerned about the future of 
American children of all races and classes. As the principal value-bear- 
ing institution which at one time or another touches everyone in our 
society, the school is crucial in determining what kind of country this is to 
be. If in the future the adults in our society who make decisions about 
who gets a job, who lives down the block, or the essential worth of an- 
other person are to be less likely to make these decisions on the basis of 
race or class, the present cycle must be broken in classrooms which pro- 
vide better education than ever, and in which children of diverse back- 
grounds can come to know one another. None of the financial costs or 
the administrative adjustments necessary to bring about integrated quality 
education will be as costly to the quality of American life in the long run 

214 



as the continuation of our present educational policies and practices. 
For we are now on a collision course which may produce within our 
borders two alienated and unequal nations confronting each other 
across a widening gulf created by a dual educational system based upon 
income and race. Our present school crisis is a human crisis, engendered 
and sustained in large part by the actions, the apathy, or the shortsighted- 
ness of public officials and private individuals. It can be resolved only 
by the commitment, the creative energies, and the combined resources 
of concerned Americans at every level of public and private life. 
Commissioner Hesburgh concurs in this statement. 

Supplementary Statement by Commissioner Hesburgh 

Because of the national importance of the educational situation 
described in this report and the large number of students in private ele- 
mentary and secondary educational institutions, it would seem most im- 
portant to me, speaking as an individual member of this Commission, 
that those involved in all of the private elementary and secondary educa- 
tional endeavors in this country study the full implications of this report 
and consider most seriously what their institutions might contribute 
to the ultimate solution of this pressing problem. 



215 



Members of the Commission Staff, Consultants, 
and Advisory Committee Members Who Assisted 
With the Preparation of This Report: 



PROFESSIONALS 



Lois Barnes* 
Edward B. Beis 
Richard F. Bellman 
Bernard Berkin 
John Binkley 
Felice Cohen* 
Roberta Day 
Marcia Derfner 
Bobby Doctor 
Sophie Eilperin 
Jonathan W. Fleming 
Constance Garcia* 
John Gibson 
Ronald J. James* 
Mordecai C. Johnson 
Ivan Levin 
Roy Littlejohn 



Gwendolyn Love 
Phyllis McClure 
Linda McLean* 
Karen Nelson* 
Judith Nusbaum 
William C. Payne, Jr. 
Caroline Ramsey 
Annie T. Reid 
Leda Rothman 
Jacob Schlitt 
Barbara Scott 
John Spence 
Etta Tinnin 
Carole Williams 
Jacques Wilmore 
Marian P. Yankauer* 
Harriet W. Ziskin 



SECRETARIES 



MaryAbdalla 
Klaire V. Adkins 
Mary Avant 
Lydia Awad* 
Gwendolyne T. Belva 
Lucille Boston 
Delores Branch* 
Betty T. Brock 
Martha Brooks 
Marcia Campbell 
Beverly Clark 
Pauline Craven 
Joseline Davis 
Johnnie Graves* 

*No longer with the Commission. 



Nancy Holt 
Brenda Jackson 
Helen Jackson 
Ren a Jeffries 
JoNell Monti 
Elisabeth L F. Murphy 
Phoebe Nelson 
Sue Nelson 
Ingrid Patrick* 
Betty Stradford 
Naomi Tinsley 
Rudella Vinson 
Loretta Ward 
Joyce Waters 



216 



CLERKS 



Ruth M. Ford 
Linwood O. Johnson 



Ronald Adams* 
Susan Bannerman* 
David Barchas* 
Oscar Beard* 
Patricia Bowerman* 
Judith Edelsberg* 
Robert Gould* 
George Hall III 
Lawrence Kaplan* 
Susan Kaufman* 



Donald Jordan 
Louis E. Miles 

STUDENT ASSISTANTS 

Michael Kepler* 
Jane Lakes* 
Stuart Lebo* 
Richard Morris* 
Genoveva Paniagua* 
Rena Pokempner* 
Manfred Rotermund* 
Alexander Simack 
John Ulfelder* 
Paul Williamson* 



STATE ADVISORY COMMITTEE MEMBERS 



M. WilUam Deutsch 
John B. Ervin 
Millicent H. Fenwick 
Stephen H. Fligelman 
Robert E. Freed 
Nancy L. Garrett 
Elizabeth H. Hylbom 
Mark S. Israel 
George Lewis II 
Henrietta Looman 



John David Maguire 

The Rev. H. Clyde Mathews, Jr. 

James B. Mclntyre 

Frank Merriman 

Alpha L. Montgomery 

Wilham M. Murphy 

The Rev. Richard W. O'KeefTe 

Mrs. Edward C. Stern 

Mayme E. Williams 

Edward L. Yudin 



CONSULTANTS AND CONTRACTORS 



Dr. Charles Benson 
University of California 
Berkeley, California 

Dr. Arnold Buchheimer 
Jamaica, New York 

Mrs. Barbara Carter 
Free Lance Associates, Inc. 
New York, New York 

Dr. Marvin G. Cline 
Howard University 
Washington, D.C. 

*No longer with the Commission. 



Dr. Tilman Cothran 
Atlanta University 
Atlanta, Georgia 

Dr. Marc A. Fried 
Boston College 
Boston, Massachusetts 

James McPartland 
Washington, D.C. 

R. Bruce McPherson 
University of Chicago 
Chicago, Illinois 



217 



CONSULTANTS AND CONTRACTORS— Contmutd 



Dr. Howard Mitchell 
Human Resources Program 
Philadelphia, Pennsylvania 

National Opinion Research Center 
University of Chicago 
Chicago, Illinois 

Dr. Willard Richan 
Western Reserve University 
Cleveland, Ohio 

Herbert Semmel 
University of Illinois 
Champaign, Illinois 

Ralph Showalter 

Executive Director 

Social Development Corporation 

Washington, D.C. 



Mrs. Sheila Spaulding 
Dumbarton Research Council 
Menlo Park, California 

Dr. Robert Stout 
University of California 
Berkeley, California 

Dr. Karl Taeuber 
University of Wisconsin 
Madison, Wisconsin 

Dr. Alan Wilson 
University of California 
Berkeley, California 

Robert York 
Washington, D.C. 



218 



Legal Appendix 
RACIAL ISOLATION: THE ROLE OF LAW 

This report has explored the causes of racial isolation in the public schools, the 
attendant damage to Negro children, and remedies attempted by particular school 
systems. This appendix discusses the role of law — judicial decisions in cases chal- 
lenging both racial isolation in the schools and efforts by State and local authorities to 
correct it; State legislation and administrative action to overcome racial isolation, and 
the role of the Federal Government. 

I. The Constitutional Duty of a State To Eliminate Racial 
Isolation — the Judicial Decisions 

In Brown v. Board of Education,^ the Supreme Court struck down as repugnant to 
the equal protection clause of the 14th amendment school segregation imposed or ex- 
pressly permitted by State statutes. The immediate thrust of Brown was limited to 
formal segregation in 17 Southern and Border States. The Brown decision did not 
specifically resolve the questions ( I ) whether the equal protection clause invalidates 
school segregation not sanctioned by law, but imposed by purposefully discriminatory 
administrative actions of school officials, and (2) if so, whether the fact that segre- 
gation is less than total robs a school of its "segregated" character. And it left open 
the question whether the equal protection clause condemns "adventitious" school 
segregation; i.e., segregation which is not shown to be the result of purposeful dis- 
crimination by school authorities. 

A. School Segregation Resulting From Purposely 
Discriminatory Actions of School Officl\ls 

Cases decided after Brown both in the South and in the North establish that pur- 
poseful school segregation by school authorities contravenes the equal protection clause, 
and that segregation need not be total to be unconstitutional under this principle. 
One of these cases was demons v. Board of Education." In Hillsboro, Ohio, even 
though racially separate schools were forbidden by State law, separate schools for 
Negroes and whites had been maintained on an informal basis, without any geo- 
graphical districting system. Two of the town's elementary schools were attended by 
whites and the third by Negroes. This informal arrangement was disturbed on Sep- 
tember 7, 1954, when seven Negro children were registered in the white schools. The 
schools then were closed for several days, the school board created the town's first geo- 
graphic attendance areas, and, when schools reopened on September 14, the seven Ne- 
gro children had been reassigned to Lincoln, the all-Negro school. The attendance 
area for Lincoln consisted of two separated noncontiguous sections, and the school it- 
self was not located in its own attendance area. Several Negro students had to walk by 
a white school on their way to Lincoln. A Federal district court found that the zoning 
was "a subterfuge to permit the continuance of Lincoln school for Negro children ex- 
clusively," but refused to interfere with what it deemed to be the discretionary powers 
of the board.^ The Court of Appeals for the Sixth Circuit ruled that the racial 



'347 U.S. 483 (1954). 

= 228 F. 2d 853 (6th Cir.), cert, denied, 350 U.S. 1006 (1956). 

" Id. at 856. 



219 



gerrymandering was in conflict with Brown and in violation of the 14th amendment, 
and directed the lower court to afford appropriate relief. 

In Henry v. Godsell* a Negro minor assigned to a school in an area occupied almost 
exclusively by Negroes challenged the assignment on the ground that the school board 
had selected the site for the purpose of segregating Negro students. A Michigan Fed- 
eral court dismissed her suit, but only after finding that the board had acted in good 
faith and that its policies "were not motivated by racial considerations." ^ The court 
said that "the fact that in a given area a school is populated almost exclusively by the 
children of a given race is not in itself evidence of discrimination. The choice of a 
school site based on density of population and geographical considerations such as 
distance, accessibility, ease of transportation, and other safety considerations, is a 
permissible exercise of administrative discretion." * 

Subsequent to the Henry decision, the Supreme Court decided Cooper v. Aaron ' 
which stressed that "the constitutional rights of children not to be discriminated against 
in school admission on grounds of race or color declared by this Court in the Brown 
case can neither be nullified openly and directly by State legislators or State executive 
or judicial officers, nor nullified indirectly by them through evasive schemes for segre- 
gation whether attempted ingeniously or ingenuously." * Three years later, a Federal 
district court in New York decided Taylor v. Board of Education.^ In Taylor, the 
court found that in 1930 the New Rochelle Board of Education had gerrymandered 
the attendance areas of the predominantly Negro Lincoln Elementary School. An all- 
white irregular corridor had been carved out of the Lincoln zone and placed in an 
adjacent all-white zone. "It was testified that the purpose of this gerrymandering was 
to confine Negro pupils within the Lincoln district, while allowing whites living in the 
same area to attend a school which was not predominantly Negro in composition." ^" 
In ensuing years, as the Negro population expanded, the Lincoln lines were extended 
to contain the Negro population." The school board offered no evidence to refute 
the evidence of gerrymandering. 

The board argued that the Lincoln School was not a component of a dual system 
such as that condemned in Brown since the school was 94 percent Negro and not 
100 percent. This argument, the Court said, misconstrued the underlying premise 
of Brown: "That opinion, while dealing with a state-maintained dual system of 



* 165 F. Supp. 87 (E.D. Mich. 1958). 

^ Id. 3it9l. 

"Id. at 90. In Sealy v. Department of Public Instruction, 159 F. Supp. 561 (E.D. 
Pa. 1957), aff'd, 252 F. 2d 898 (3d Cir.), cert, denied, 356 U.S. 975 (1958), Negro 
plaintiffs attacked the selection of a site for the sole junior high school in the townshin 
on the ground that, with intent to discriminate against Negro residents, it was located 
in the predominantly white upper section of the township, requiring Negro pupils to 
travel more than two miles by bus to attend. The court denied an injunction, but only 
after a specific finding of lack of intent to discriminate. 

In several cases involving attacks on southern school segregation, the courts have 
recognized that site selection may be used to perpetuate segregation and have issued 
injunctions broad enough to reach such conduct specifically. See Board of Public 
Instruction of Duval County v. Braxton, 326 F. 2d 616 (5th Cir.), cert, denied 377 
U.S. 924 (1964) where the Fifth Circuit affirmed a Federal district court decree en- 
joining "construction programs . . . designed to perpetuate, maintain, or support a 
school system operated on a racially segregated basis" ; Carson v. Board of Education 
(Monroe County). Civil No. 5069, E.D. Tenn., June 8, 1965, 10 Race Rel. L. Rep. 
1640, 1642 (1965), where a Federal district court entered a decree stipulating that 
"race shall be eliminated as a factor in . . . the construction or geographical location 
of new schools or addition to schools . . .", and Wheeler v. Durham City Board of Edu- 
cation, 346 F. 2d 768 (4th Cir. 1965), where the court, noting that the court below 
had received the "assurance of the [school] board that its construction program would 
not be designated to perpetuate, maintain, or support segregation" {Id. at 774), denied 
a request for an injunction prohibiting the board from spending the proceeds of a bond 
issue for such a purpose. 

'358 U.S. 1 (1958). 

«/</. at 17. 

" 191 F. Supp. 181 (S.D. N.Y. 1961). 

'"Id. at 185. 

" Ibid. 

220 



education, was premised on the factual conclusion that a segregated education created 
and maintained by official acts had a detrimental and deleterious effect on the educa- 
tional and mental development of the minority group children." " There was no 
difference, the Court held, "between segregation established by the formality of a dual 
system of education, as in Brown, and that created by gerrymandering of school dis- 
trict lines and transferring of white children as in the instant case." " The Taylor 
Court noted that the Sealy and Henry cases imply their converse: "[I]f a Board of 
Education selects a school site, or otherwise operates its schools, with a purposeful 
desire to segregate, or to maintain segregation, the Constitution has been violated." " 
The fact that Lincoln School was 6 percent white, said the Court, did not divest it 
of its segregated character.^ 

Subsequently, in Jackson v. Pasadena City School District,^" the Supreme Court of 
California ruled that a lower court improperly had dismissed a complaint containing 
allegations that an attendance zone had been racially gerrymandered. The court 
noted that "the general powers of the board with respect to attendance zones are 
subject to the constitutional guaranteis [sic] of equal protection and due process." " 
Consistently with the Federal court in Taylor, the court also observed that "it is not 
decisive that absolute segregation is not present. Improper discrimination may exist 
notwithstanding attendance by some white children at a predominantly Negro school 
or attendance by some Negro children at a predominantly white school." ^^ 



^'Id. at 192. 

" Ibid. 

''Id. at 194. In Gomillion v. Lightfoot, 364 U.S. (1960), it was alleged that 
the Alabama Legislature had gerrymandered the boundaries of the city of Tuskeegee 
so as to disfranchise Negro voters. The defendants cited the State's power "to estab- 
lish, destroy, or reorganize by contraction or expansion its political subdivisions, to wit, 
cities, counties, and other local units." But the Court, refusing "to exalt this power 
into an absolute" said: "When a State exercises power wholly within the domain of 
State interest, it is insulated from Federal judicial review. But such insulation is 
not carried over when State power is used as an instrument for circumventing a 
federally protected right" {Id. at 346). 

" The decision was affirmed by the Court of Appeals for the Second Circuit ( 294 
F. 2d 36 (2d Cir. 1961) ), which said: "In short, race was made the basis for school 
districting, with the purpose and effect of producing a substantially segregated school. 
This conduct clearly violates the Fourteenth Amendment and the Supreme Court 
decision in Brown v. Board of Education of Topeka. . ." (Id. at 39). The Su- 
preme Court denied a writ of certiorari (368 U.S. 940 (1961)). 

In Wheeler v. Durham City Board of Education, 346 F. 2d 768 (4th Cir. 1965), 
the Court of Appeals agreed with the District Court's disapproval of a desegregation 
plan on the ground that "in some instances [the boundaries] have been drawn along 
racial residence lines, rather than along natural boundaries or the perimeters of com- 
pact areas surrounding the particular school." {Id. at 771.) 

In Evans v. Buchanan, 207 F. Supp. 820 (D. Del. 1962), the court held that a 
presumption of unconstitutionality arose from facts showing that Negro children 
attended an all-Negro school staffed with an all-Negro faculty and administered by 
a separate board of trustees; and that the attendance area for this school was sur- 
rounded entirely by predominantly white attendance areas. 

In Northcross v. Board of Education, 333 F. 2d 661, 663 (6th Cir. 1964), the 
Sixth Circuit found "persuasive evidence . . . tending to show that zoning was accorn- 
plished for the purpose of preserving segregation to some extent" in the Memphis, 
Tenn., school district. The Court held that "where the Board is under compulsion 
to desegregate the schools [citing Brown] . . . drawing zone lines in such a manner 
as to disturb the people as little as possible. . ." and "preserving school loyalties" are 
improper criteria in rezoning {Id. at 664). 

In Monroe v. Board of Commissioners, 244 F. Supp. 353 (W.D. Tenn. 1965), a 
district court in the Sixth Circuit found that boundaries of elementary school attend- 
ance areas in Jackson, Tenn., had been gerrymandered racially {Id. at 360). The 
Court applied what it considered to be the Northcross standard, that the question 
of gerrymandering "should be determined primarily by consideration of the utiliza- 
tion of buildings, proximity of pupils to the schools, and natural boundaries" {Id. 
at 361). 

'-31 Cal. Rptr. 606, 382 P. 2d 878 (1963). 

" Id. at 608, 383 P. 2d at 880. 

"/rf. at 609, 382 P. 2d 881. 

221 



Again, in Webb v. Board of Education (Chicago)," where the plaintiffs sought a 
preliminary injunction against the maintenance of racially segregated public schools, 
the court recognized that there would be a basis for equitable relief if "an intentional 
design on Defendants' behalf to maintain segregation in the public schools" ^'' were 
shown. The Webb case also recognized that intentional discrimination may consist 
not only of action, but also of inaction, such as "the passive refusal to redistrict 
unreasonable boundaries." ^ 

To summarize, where an intent on the part of school officials to segregate Negro and 
white children is shown, the resulting segregation has been held violative of the equal 
protection clause, notwithstanding the absence of any formal law requiring or per- 
mitting such segregation. This principle has been applied even where less than com- 
plete segregation has been involved. Intentional segregation is unconstitutional 
whether accomplished by affirmative action of school authorities or by their inaction. 

In many cases, however, the courts have found that the evidence did not sustain 
the contention that segregation was the result of purposeful discrimination.^ In the 
rare case where the facts are clear enough to show deliberate segregation of the Negro 
school population, Negro plaintiffs have obtained relief within the framework of this 
legal theory.^' In a large urban setting, however, it is difficult to find a set pattern 
sufficiently uncomplicated that the motive emerges with clarity. With the school 
board necessarily making a great number of decisions — some complex — over the rele- 
vant period of time, the search for the real "motive" becomes frustrating. If the 
school district fails to redraw boundary lines, and absorbs excess capacity in existing 
classrooms or through use of temporary classrooms on school property or in adjacent 
rented sites, it may be impossible as a practical matter to disentangle the legal search 
for motive from the multifaceted issues of educational administration which faced the 



" 223 F. Supp. 466 (N.D. III. 1963). 

^ Id. at 468. 

"' Id. at 469. See generally Burton v. Wilmington Parking Authority, 365 U.S. 715 
(1961); United States v. United States Klans, 194 F. Supp. 897, 902 (M.D. Ala. 
1961) ; Lynch v. United States, 189 F. 2d 476 (5th Cir. 1951), cert, denied, 342 U.S. 
831 (1951); Catlette v. United States, 132 F. 2d 902, 906-907 (4th Cir. 1943); 
Picking V. Pennsylvania R. Co., 151 F. 2d 240, 250 (3d Cir. 1945), cert, denied, 332 
U.S. 776 (1947). 

^ Some courts hold that the burden is on the school board to show that the drawing 
of geographic attendance areas or the selection of a school site was based on valid 
criteria. Evans v. Buchanan, 207 F. Supp. at 825 ; Northcross v. Board of Education 
(Memphis), 333 F. 2d at 664; Wheeler v. Durham City Board of Education, 346 
F. 2d at 744. Most courts, however, place the burden on the plaintiffs to show 
purposeful discrimination. Bell v. School City of Gary, 213 F. Supp. 819, 826 
(N.D. Ind.), aff'd, 324 F. 2d 209 (7th Cir. 1963), cert, denied, 377 U.S. 924 
(1964) ; Swann v. Charlotte-Mecklenburg Board of Education, 243 F. Supp. 667, 670 
(W.D. N.C. 1965), aff'd. Civil No. 10,207, 4th Cir., Oct. 24, 1966; Downs v. Board of 
Education (Kansas City), 9 Race Rel. L. Rep. 1214 (D. Kan. 1963), aff'd, 336 F. 2d 
988, 997 (10th Cir. 1964), cert, denied, 380 U.S. 914 (1965) ; Craggett v. Board of 
Education (Cleveland), 234 F. Supp. 381, 385 (N.D. Ohio 1964) ; Deal v. Cincinnati 
Board of Education, 244 F. Supp. 572, 579 (S.D. Ohio 1965), remanded in part, No. 
16863, 6th Cir., Dec. 6, 1966; Sealy v. Department of Public Instruction, 159 F. Supp. 
at 565; Henry v. Godsell, 165 F. Supp. at 92. The issue of who has the burden 
of proof may determine the success or failure of allegations of discrimination. 
For cases in which the plaintiffs' proof was held insufficient, see Swann v. Charlotte- 
Mecklenburg Board of Education, supra; Bell v. School City of Gary, supra; Downs v. 
Board of Education (Kansas City), supra; Gilliam v. School Board (Hopewell), 345 
F. 2d 325 (4th Cir. 1965) vacated and remanded on other .grounds, 382 U.S. 103 
(1965; Craggett v. Board of Education (Cleveland), supra; Sealy v. Department of 
Public Instruction, 159 F. Supp. 561 (E.D. Pa. 1957), aff'd, 252 F. 989 (3d Cir.), 
cert, denied, 356 U.S. 975 (1958) ; Henry v. Godsell, 165 F. 2d Supp. 87 (E.D. Mich. 
1958). 

^Sec demons v. Board of Education (Hillsboro), 228 F. 2d 853 (6th Cir.), -cert, 
denied, 350 U.S. 1006 (1956) ; Taylor v. Board of Education (New Rochelle), 191 
F. Supp. 181 (S.D. N.Y.), aff'd, 294 F. 2d 36 (2d Cir.), cert, denied, 368 U.S. 940 
(1961). 

222 



school board. The real issue may be the extent to which the school board is willing 
to permit other considerations to override a claim for desegregation."' Thus, it has 
been argued that adventitious school segregation — not shown to be purposefully 
discriminatory — itself is in violation of the Constitution. 

B. Adventitious School Segregation 

The issue of whether the equal protection clause forbids adventitious school seg- 
regation has been litigated frequently, but remains an open question."' The Supreme 
Court of the United States has not yet confronted it; the lower Federal courts and the 
State courts are in disagreement. 

Most of the Federal courts which have faced the issue have been of the view that 
the equal protection clause forbids only purposeful segregation and imposes no duty 
on school officials to correct adventitious segregation. Four courts of appeals (the 
Fourth, Sixth, Seventh and Tenth) have so held.^ The Federal courts taking this 
view have disposed of the question on the hypothesis that it is legally irrelevant 
whether adventitious school segregation in fact denies Negro students in pre- 
dominantly Negro schools equal educational opportunity, and have not reached that 
issue. 

The leading case is Bell v. School City of Gary,^ where adventitious segregation 
in the schools of Gary, Ind. — racially imbalanced because of the application of a 
neighborhood school policy in the context of racially segregated housing patterns — 
was challenged.''^ The law does not require, said the court, "that a school system 
developed on the neighborhood school plan, honestly and conscientiously constructed 
with no intention ... to segregate the races, must be . . . abandoned because the 
resulting effect is to have a racial imbalance in certain schools where the district 
is populated almost entirely by Negroes or whites." ^ In the course of its opinion, 
the court noted that although the plaintiffs had argued that there was an affirmative 
duty to balance the races, "their own evidence . . . [was] that such a task could not 



"* For example, a school board which decides to build or use mobile classrooms to 
contain excess-capacity Negro students, rather than transfer some to a white school, 
may be "honestly" concerned with keeping students assigned near their homes, may 
be "honestly" reluctant to incur added expenses or risks involved in transportation, 
and may — if educational achievement at the schools in question is not comparable — 
be "honestly" reluctant to raise or attempt to solve expected educational problems 
which would follow such transfers. 

^' The question has been much mooted in legal periodicals. See Wright, "Public 
School Desegregation: Legal Remedies for De Facto Segregation," 16 W. Res. L. 
Rev. 478 (1965) ; Fiss, "Racial Imbalance in the Public Schools; The Constitutional 
Concepts," 78 Harv. L. Rev. 564' (1965); Kaplan, "Segregation, Litigation and the 
Schools," 58 Nw. U.L. Rev. 1, 157 (1963), 59 Nw. U.L. Rev. 121 (1964); Carter, 
"Constitutional Questions," 16 W. Res. L. Rev. 502 (1965); Sedler, "School 
Segregation in North and West: Legal Aspects," 7 St. Louis U.L.J. 228 (1963); 
Note, "Duty to Integrate Public Schools? Some Judicial Responses and a Statute," 
46 B.U. L. Rev. 45 (1966) ; Note, "Racial Imbalance in the Public Schools: Consti- 
tutional Dimensions and Judicial Response," 18 Vand. L. Rev. 1290 (1965) ; Note, 
"Racial Imbalance in the Public Schools — Legislative Motive and the Constitution," 
50 Va. L. Rev. 464 (1964); Note, "California Suggests De Facto School Segrega- 
tion Must End," 16 Stan. L. Rev. 434 (1964). 

-' Swann v. Charlotte-Mecklenburg Board of Education, Civ. No. 10,207, 4th Cir., 
Oct. 24, 1966; Gilliam v. School Board (Hopewell), 345 F. 2d 325 (4th Cir.), vacated 
and remanded on other grounds, 382 U.S. 103 (1965); Deal v. Cincinnati Board 
of Education, No. 16863, 6th Cir., Dec. 6, 1966; Bell v. School City of Gary, 324 
F. 2d 209 (7th Cir. 1963), cert, denied, 377 U.S. 924 (1964); Downs v. Board of 
Education (Kansas City), 336 F. 2d 988 (10th Cir. 1964), cert, denied, 380 U.S. 
914 (1965). 

-'213 F. Supp. 819, (N.D. Ind.),afT'd, 324 F. 2d 209 (7th Cir. 1963), cert, denied, 
377 U.S. 924 (1964). 

^ During the 1961-62 school year, of the 40 schools, 14 had enrollments 100 percent 
v.hite, 12 had enrollments 99-100 percent Negro, and 5 had enrollments 77-95 per- 
cent Negro (213F. Supp. at820). 

'" Id. at 829. 

223 



be accomplished in the Gary schools." The Seventh Circuit affirmed, agreeing that a 
school board has no affirmative constitutional duty "to change innocently arrived at 
school attendance districts by the mere fact that shifts in population either increase or 
decrease the percentage of either Negro or white pupils." *" The Supreme Court 
denied certiorari." 

Two other courts of appeals (the Third ^' and the Fifth") have stated or implied 
by way of dictum that the Constitution lays no duty on school officials to integrate 
the public schools. Another circuit (the First), while bypassing the basic question 
whether the State has any affirmative duty, has stated that if an affirmative duty 
exists, it is a limited one, requiring only that school officials take integration into 
account along with other educationally relevant factors (including the neighborhood 
school p)olicy) in making administrative decisions." 

No court of appeals has yet held that a northern school system has a constitutional 
obligation to end adventitious segregation. One court of appeals (the Third), in a 
case involving the Negro school children of Delaware presenting the question whether 
a school board adequately had desegregated from a dual biracial system, has said that 
in Brown "the Supreme Court has unqualifiedly declared integration to be their con- 
stitutional right." ^ This dictum — which once stood unique among interpretations 
of Brown — conflicted with the general view of the demands made by Brown upon 

*'324F. 2d at 213. 

^'377 U.S. at 924. See also Deal v. Cincinnati Board of Education, No. 16863, 
6th Cir., Dec. 6, 1966, p. 10, where the Sixth Circuit held that "bare statistical 
imbalance alone is not forbidden." Similar expressions are found in the opinions of 
the Fourth and Tenth Circuits: 

"[TJhere is no constitutional requirement that it [the school board] act with the con- 
scious purpose of achieving the maximum mixture of races in the school population. 
The Constitution permits the board to consider natural geographic boundaries, 
accessibility of particular schools and many other factors which are unrelated to 
race. So long as the boundaries are not drawn for the purpose of maintaining 
racial segregation, the school board is under no constitutional requirement that it 
effectively and completely counteract all of the effects of segregated housing patterns. 
Swann v. Charlotte-Mecklenburg Board of Education, No. 10,207, 4th Cir., Oct. 24, 
1966, pp. 6, 7. 

"[T]he 14th amendment prohibits segregation, it does not command integration 
of the races in the public schools and Negro children have no constitutional right to 
have white children attend school with them .... 

"We conclude that the decisions in Brown and the many cases following it do not 
require a school board to destroy or abandon a school system developed on the neigh- 
borhood plan, even though it results in a racial imbalance in the schools where, as 
here, that school system has been honestly and conscientiously constructed with no 
intention or purpose to maintain or perpetuate segregation." Downs v. Board of Edu- 
cation, 336 F. 2d at 998. See also Lynch v. Kenston School District Board of Educa- 
tion, 229 F. Supp. 740 (N.D. Ohio 1964), and Henry v. Godsell, 165 F. Supp. at 91, 
where the court said "the plaintiff has no constitutionally guaranteed right to attend 
a public school outside of the attendance area in which she resides." 

^Sealy v. Department of Public Instruction, 252 F. 2d at 901 (dictum). 

'' Avery v. Wichita Falls Independent School District, 241 F. 2d 230, 233 (5th Cir.) 
(dictum), cert, denied, 353 U.S. 938 (1957) ; Holland v. Board of Public Instruction, 
258 F. 2d 730, 731 (5th Cir. 1958) (dictum) ; Borders v. Rippy, 247 F. 2d 268, 271 
(5th Cir. 1957) (dictum). Cf. Stell v. Savannah-Chatham County Board of Educa- 
tion, 333 F. 2d 55 (5th Cir.) (dictum), cert, denied, 379 U.S. 933 (1964). 

""Barksdale v. Springfield School Committee, 348 F. 2d 261 (1st Cir. 1965). 

"^ Evans v. Ennis, 281 F. 2d 385, 389 (3d Cir. 1960), cert, denied, 364 U.S. 802 
(1961) [emphasis added]. See also the lower court opinion {Evans v. Buchanan, 
172 F. Supp. 508 (D. Del. 1959), where a Federal district court in the Third Circuit 
refused to approve a provision of a desegregation plan which provided that "whenever 
possible, every pupil in the grades affected, . . . shall have the choice of (a) attend- 
ing the nearest school within the district in which he resides or (b) attending the 
school he would have attended prior to the effective date of this order" {Id. at 516). 
The court said: "Now, it is a fact that in Georgetown, for example, the majority 
of the Negroes live in a community known as The Hill. The colored school is close 
by. The white school is at much greater distance. Interpreting the language [of 
the above quoted provision] in the light of these facts, it would seem to result that no 
Negro student whose family resides on The Hill may ever enter the white school. 

Footnote continued on following page. 

224 



dual systems. This view, expressed in a dictum of Judge Parker, is that "the Con- 
stitution . . . does not require integration. It merely forbids discrimination." '" 
The Third Circuit view, however, recently has received support in two other courts 
of appeals. In Singleton v. Jackson Municipal Separate School District J" the Court of 
Appeals for the Fifth Circuit, dealing with the adequacy of a desegregation plan of the 
school authorities of Jackson, Miss., said in a footnote: 

In retrospect, the second Brown opinion clearly imposes on public school 
authorities the duty to provide an integrated school system. Judge Parker's 
well-known dictum ("the Constitution . . . does not require integration. 
It merely forbids discrimination") in Briggs v. Elliott . . . should be laid 
to rest. It is inconsistent with Brown and later development of decisional 
and statutory law in the area of civil rights.^ 

In a subsequent opinion in the same case, the court reiterated that "school au- 
thorities . . . are under the constitutional compulsion of furnishing a single, in- 
tegrated school system." ^ More recently, in United States v. Board of Education 
of Jefferson County*^ the same court again stated that a State must "take affirmative 
action to reorganize its school system by integrating the students, faculties, facilities, 
and activities." " The court suggested that the Briggs dictum was a facet of the Fourth 
Circuit's view — now abandoned — that 14th amendment rights are exclusively in- 
dividual rights which must be asserted individually after each plaintiff has exhausted 
State administrative remedies, and that, therefore, class suits may not be brought.*^ In 
the Jefferson County case the Fifth Circuit stated : "What is wrong about Briggs is that 
it drains out of Brown that decision's significance as a class action to secure equal 
educational opportunities for Negroes by compelling the States to reorganize their 
public school systems." ^^ See also Kemp v. Beasley,"* where the Eighth Circuit — also 
in a case involving desegregation from a dual system — rejected the Briggs dictum, 
stating that "it is logically inconsistent with Brown and subsequent decisional law on 
the subject." 

The implications of the rejection by the Third, Fifth, and Eighth Circuits of 
Judge Parker's dictum on the constitutional issue of whether a school system has a 
duty to relieve adventitious segregation not imposed by law are as yet unclear.^^ 
While the Jefferson County opinion does draw a distinction between adventitious 
school segregation and school segregation which has been compelled by law and is the 
product of a biracial system, it also notes that "psychological harm and lack of educa- 
tional opportunities to Negroes may exist whether caused by de facto or de jure 
segregation," although "a State policy of apartheid aggravates the harm." " And 
at one point in its opinion the court, although stressing that the holding of Brown 



Whatever may have been the reasons for this provision, it strikes me as unfair and 
is ordered to be stricken" {Ibid. ) . 

The court was asked to restore the provision but refused, noting: "Read against a 
background of geographical facts of which judicial knowledge may be taken, it pro- 
vided that in many localities no colored student could ever attend a white school 
unless his parents thereafter changed their residence to a point closer to the white 
school than the colored school." Evans v. Buchanan, 173 F. Supp. 891, 892 (D. Del. 
1959) 

"" Briggs V. Elliott, 132 F. Supp. 776, 777 (E.D. S.C. 1955). 

''348F. 2d729 (5th Cir. 1965). 

=^ /</. at 730, n. 5. 

^"Singleton v. Jackson Municipal Separate School District, 355 F. 2d 865, 869 
(5th Cir. 1966) (emphasis added). 

'" No. 23345, 5th Cir., Dec. 29, 1966. 

" Id. at 19 [emphasis added]. 

'■' Id. at 20-22. 

" Id. at 22. 

" 352 F. 2d 14 (8th Cir. 1965). 

*° In Kemp, the court stated that the Briggs dictum "may be applicable in some 
logical areas where geographic zones permit of themselves without discrimination a 
segregated school system, but must be equally inapplicable if applied to school 
systems where the geographic or attendance zones are biracially populated" {Id. 
at 21). 

*" Id. at 23b. 

225 



"occurred within the context of State-coerced segregation," noted that "Brown 
points toward the existence of a duty to integrate de facto segregated schools." " 

Three decisions of Federal district courts have held or suggested that there is 
a constitutional duty to relieve adventitious school segregation which must be im- 
plemented within the limits of feasibility and sound educational practice. Unlike 
the cases in which the courts have sustained the constitutionality of adventitious 
school segregation, in each of the cases holding or suggesting that such segregation 
is unconstitutional, the question of whether it has a damaging effect on Negro chil- 
dren has been reached and, in each case, answered affirmatively. 

In Branche v. Board of Education (Hempstead)^**, the plaintiffs, charging that the 
school board had been maintaining racially segregated schools, sought an injunction 
prohibiting this practice and restraining the enlargement of two predominantly 
Negro schools. The attendance lines had been drawn in 1949 when the two schools 
were 16.5 and 14.3 percent Negro. By 1961 the schools had become 67 and 78 
percent Negro.^" The court accepted the contention of the superintendent that 
segregation in the schools was the result of residential patterns rather than gerry- 
mandering or any other deliberately discriminatory action by the school authorities."" 
Denying the school board's motion for summary judgment, the court said: 

[But] these facts do not demonstrate that there has not been segregation 
because of race. Segregated education is inadequate and when that inade- 
quacy is attributable to State action it is a deprivation of a constitutional 
right.=^ 

The court declared further : 

The educational system that is . . . compulsory and publicly afforded must 
deal with the inadequacy arising from adventitious segregation; it cannot 
accept and indurate segregation on the ground that it is not coerced or 
planned but accepted.^" 

This language unambiguously suggests an affirmative duty to relieve adventitious 
racial isolation in the public schools.^ The court, however, went on to say that "how 
far that duty extends is not answerable perhaps in terms of an unqualified obligation 
to integrate public education without regard to circumstance and it is certainly 
primarily the responsibility of the educational authorities and not the courts to for- 
mulate the educational system." " 

In Blocker v. Board of Education (Manhasset) "*, a different judge on the same 
court filed an opinion which, like Branche, suggests that the States constitutionally are 
obliged to relieve adventitious school segregation. In Blocker, 99.2 percent of the 
white children attended two all-white schools while 100 percent of the Negro children 
attended a separate school.^ The attendance lines were drawn in 1929 and had not 
changed since. A rigid no-transfer policy was enforced." 

The court noted that "the facts in this case present a situation that goes beyond 
mere racial imbalance" ™ and that "for all practical purposes, the elementary school 



" Id. at 32. 

" 204 F. Supp. 150 (E.D. N.Y. 1962) . 

*" 7^. at 152. 

"Vrf. at 151. 

"/rf.atl53. 

'- Ibid. 

^ A Federal district court in Illinois, however, seems to have construed Branche as 
attributing to the school board's inaction a racially discriminatory motive. In Webb 
V. Board of Education (Chicago), 223 F. Supp. 466 (N.D. 111. 1963), the court 
viewed Branche as involving a "passive refusal to redistrict unreasonable boundaries" 
and asserted that according to the Branche opinion "mere residential segregation 
was not enough" (7^. at 468, 469 ) . 

" 226 F. Supp. at 153. 

'"■' 226 F. Supp. 208 (E.D. N.Y. 1964). 

^7<f. at212. 

" Id. at 226. 

=* Id. at 225. 

226 



system of the defendant district ... is as racially segregated as those in Brown." "" 
Earlier, the court had stated : 

Viewed in this context then, can it be said that one type of segregation, 
having its basis in State law or evasive schemes to defeat desegregation, 
is to be proscribed, while another, having the same effect but a different 
cause, is to be condoned? Surely, the Constitution is made of sturdier 

stuff.™ 

The court concluded that "in a publicly supported, mandatory State educational 
system, the plaintiffs have the civil right not to be segregated, not to be compelled 
to attend a school in which all of the Negro children are educated separate and apart 
from over 99 percent of their white contemporaries.""^ The court stressed that: 

It does not hold that racial imbalance and segregation are synonymous or 
that racial imbalance not tantamount to segregation is violative of the Con- 
stitution. It does hold that by maintaining and perpetuating a segregated 
school system the defendant board has transgressed the prohibitions of the 
equal protection clause of the 14th amendment.*" 

Under the theory of the court in Blocker — that Negroes had a constitutional right 
to be free from totally segregated education — it was not necessary, on the merits of 
the constitutional question, to inquire into whether adventitious segregation damaged 
Negro pupils. The court did conclude, however, that in order to obtain relief, the 
plaintiffs had to show that they were injured by the segregation. On this question 
the court found that the segregation damaged the plaintiffs psychologically, just as 
formal segregation had been held in Brown to damage the plaintiffs there. Pointing 
out that a remedy was available, the court observed that there were not "present 
here the complicated problems present in Gary, Ind., with a public school population 
of over 43,000, of which 53.5 percent are Negroes, or in large metropolitan areas — 
New York City, for example. There are, no doubt, situations in which no alternative 
may be feasible. No such insurmountable obstacle appears to be present here." "' 

More recently in Barksdale v. Springfield School Committee,''* the court found that 
in at least seven of the 38 elementary schools and one of the eight junior high schools 
in the Springfield, Mass. school system Negro and Puerto Rican students were in the 
majority."" The court concluded: "In the light of the ratio of white to nonwhite in 
the total population ... a non-white attendance of appreciably more than 50 per- 
cent in any one school is tantamount to segregation." "* Noting that those schools 
attended by a majority of Negro students "consistently rank lowest in achievement 
ratings based on the 'Iowa Test of Basic Skills' " ; that Negro students who trans- 
ferred to other schools had difficulty in keeping up with the students in those schools, 
and that special programs for gifted children who had attained a high achievement 
level contained a few or no Negro students, the court found that the opportunity of 
Negro children in predominantly nonwhite schools to obtain equal educational oppor- 
tunities was impaired. It stated that such racially imbalanced schools are not 



^» Id. at 226. 

■^/^f. at 223. 

"/rf.at227. 

'■/rf. at 230. Some commentators have viewed the Blocker decision as concerned 
with racially motivated imbalance. See Note, 50 Va. L. Rev. 464, 481 (1964). But 
while some of the court's language can be construed to suggest doubt about the school 
board's good faith, see 226 F. Supp. at 226, the court made no finding that the motive 
of the board was discriminatory. The court seemed more concerned with the gross- 
ness of the separation of the races rather than with any discriminatory motive, and 
appears to have ruled that where separation is virtually complete, the racial imbalance 
becomes "segregation," which — regardless of motive — is forbidden by the 14th amend- 
ment. Whether the court regarded the duty to eliminate total segregation as absolute 
is not clear. 

*" 226 F. Supp. at 229. 

" 237 F. Supp. 543 (D. Mass. 1965). 

'^ Id. at 545. The total elementary enrollment for 1963-64 was 19,417, of whom 
15,588 (80.3 percent) were white; 3,386 (17.4 percent) were Negro; and 443 (2.3 
percent) were Puerto Rican. All of the Negro students except 595 were enrolled in 
8 elementary schools {Id. at 546). 

" Id. at 544. 

227 



conducive to learning: that is, to retention, performance, and the development of 
creativity; and that such schools communicate to Negro children that they are 
different and are expected to be different from white children. 

The court said that the issue was not, as framed in Bell, whether there is a consti- 
tutional duty to remedy imbalance, but rather "whether there is a constitutional duty 
to provide equal educational opportunities for all children within the system." 
Speaking to this question, the court declared: 

While Brown answered that question affirmatively in the context of 
coerced segregation, the constitutional fact — the inadequacy of segregated 
education — is the same in this case, and I so find. It is neither just nor 
sensible to proscribe segregation having its basis in affirmative State action 
while at the same time failing to provide a remedy for segregation which 
grows out of discrimination in housing, or other economic or social factors. 
Education is tax supported and compulsory, and public school educators, 
therefore, must deal with inadequacies within the educational system as they 
arise, and it matters not that the inadequacies are not of their making. 
This is not to imply that the neighborhood school policy per se is unconsti- 
tutional, but that it must be abandoned or modified when it results in 
segregation in fact.*' 

The school district was ordered to submit a plan "to eliminate to the fullest extent 
possible racial concentration . . . within the framework of effective educational proce- 
dures, as guaranteed by the equal protection clause of the Fourteenth amend- 
ment ..."•« 

On appeal the district court's order was vacated."'* First, the court of appeals 
noted that although the opinion of the lower court appeared to hold that plaintiffs 
had a constitutional right to the abolition of racial imbalance to preserve their equal 
education rights, its order was restricted to reduction "only so far as feasible within 
the framework of effective educational procedures." '" The court construed the 
order to mean that "racial imbalance disadvantages Negro students and impairs their 
educational opportunities as compared with other races to such a degree that they 
have a right to insist that the defendants consider their special problems along with 
all other relevant factors when making administrative decisions." " 

Citing Bell and Downs, the court of appeals rejected the suggestion in the district 
court's opinion that the plaintiffs had an absolute right to have "what the court 
found to be tantamount to segregation removed at all costs." '" But it was not de- 
cided whether the Constitution required the defendants to furnish the more limited 
relief provided by the district court's order. The court of appeals found that since, 
at the time suit was instituted against them, the defendants were in the process of 
taking voluntarily the same action as required by the order, the plaintiffs had no 
present need of a remedy. Accordingly, the court of appeals directed the district 
court to vacate its order and to dismiss the complaint without prejudice." 

Like the Federal courts. State courts which have expressed a view on whether 
adventitious segregation is consistent with the Federal Constitution are divided. 

In Jackson v. Pasadena City School District,''^ the trial court dismissed a complaint 
charging that the school board purposefully had segregated Negro students by a racial 
gerrymander of attendance areas. In reversing the decision of the trial court and 
remanding the case, the California Supreme Court announced in dictum: 

[E]ven in the absence of gerrymandering or other affirmative discriminatory 
conduct by a school board, a student under some circumstances would be 
entitled to relief where, by reason of residential segregation, substantial 
racial imbalance exists in his school. . . . Where such segregation exists it 
is not enough for a school board to refrain from affirmative discriminatory 



'" Id. at 546. 

•* Id. at 547. 

''"Springfield School Committee v. Barksdale, 348 F. 2d 261 (1st Cir. 1965). 

™ Id. at 263. 

'^ Id. at 264. 

'- Ibid. 

'^7rf. at264, 265. 

'* 31 Cal. Rptr. 606, 382 P. 2d 878 ( 1963) . 



228 



conduct. The harmful influence on the children will be reflected and 
intensified in the classroom if school attendance is determined on a geo- 
graphic basis without corrective measures. The right to an equal oppor- 
tunity for education and the harmful consequences of segregation require 
that school boards take steps, insofar as reasonably feasible, to alleviate 
racial imbalance in schools regardless of its cause.'' 
The court further noted that the California State Board of Education had adopted 
regulations "which encourage transfers to avoid and eliminate racial segregation." '* 
The court suggested some of the factors which school officials should consider in 
designing their attendance policies: 

School authorities, of course, are not required to attain an exact apportion- 
ment of Negroes among the schools, and consideration must be given to the 
various factors in each case, including the practical necessities of govern- 
mental operation. For example, consideration should be given, on the one 
hand, to the degree of racial imbalance in the particular school and the ex- 
tent to which it aff'ects the opportunity for education and, on the other hand, 
to such matters as the difficulty and effectiveness of revising school 
boundaries so as to eliminate segregation and the availability of other facil- 
ities to which students can be transferred." 
It is not entirely clear whether the Jackson dictum rests upon Federal constitutional 
grounds, upon the cited administrative regulations of the State Department of Edu- 
cation, or both. In Mulkey v. Reitman^^ however, the Supreme Court of California 
cited Jackson in the course of considering a 14th amendment question, stating that 
it had held in Jackson that "the State, because it had undertaken through school dis- 
tricts to provide educational facilities to the youth of the State, was required to do 
so in a manner which avoided segregation and unreasonable racial imbalance in its 
schools." ™ 

II. Actions by States To Eliminate Racial Isolation 

The courts have ruled that purposeful segregation of Negro and white pupils, 
whether the result of action or inaction by school authorities, is unconstitutional 
even where such segregation is not formally imposed or expressly permitted by law 
and even where it is less than complete. The courts have been less prepared to hold 
that there is a constitutional duty to eliminate adventitious school segregation. Beyond 
the matter of constitutional obligation, however, lies the area of State and local 
legislative and administrative action to-^«lieve racial isolation in the schools. We now 
turn to what the States have done to require local school authorities to correct or re- 
duce racial isolation. 

A. States Which Have Taken The Position That Racial Isola- 
tion In The Public Schools Is Harmful 

California, Massachusetts, New York, New Jersey, Wisconsin, and Connecticut have 
taken the position, in executive or judicial statements, that racial isolation in the 
schools has a damaging effect on the educational opportunities of Negro pupils. The 
Supreme Court of California so stated in the Jackson case.*" Three years earlier, in 
I960, the Board of Regents of the State of New York stated that: 

Modern psychological knowledge indicates that schools enrolling students largely 
of homogeneous ethnic origin, may damage the personality of minority group 



"'31 Cal. Rptr. at609, 610, 382 P. 2d at 881, 882. 

'' 31 Cal. Rptr. at 610, 382 P. 2d at 882. 

" Ibid. 

''50 Cal. Rptr. 881, 413 P. 2d 825, cert, granted, 35 U.S. L. Week 3197 (U.S. 
Dec. 6, 1966). 

™ Id. at 887, 413 P. 2d at 831. See also, Keller v. Sacramento City Unified School 
District, No. 146525, Super. Ct., Sacramento County, Cal., Oct. 8, 1963, 8 Race 
Rel.L.Rep. 1406 (1963). 

In In re Skipwith, 14 Misc. 2d 325, 180 N.Y.S. 2d 852 (1958), on the other hand, 
the Domestic Relations Court of the City of New York rejected the contention that 
adventitious segregation in the public schools of New York City constituted a denial 
of equal protection of the laws. 

"^ Jackson v. Pasadena City School District, 31 Cal. Rptr. at 609, 610, 382 P. 2d at 
881,882. 

229 

243-637 O - 67 - 16 



children. Such schools decrease their motivation and thus impair the ability 

to learn. Public education in such a setting is socially unrealistic, blocks the 

attainment of the goals of democratic education, and is wasteful of manjjower 

and talent, whether this situation occurs by law or by fact.*^ 

In the same year, the New Jersey Commissioner of Education concluded that "in 

the minds of Negro pupils and parents a stigma is attached to attending a school 

whose enrollment is completely or almost exclusively Negro, and that this sense of 

.stigma and resulting feeling of inferiority have an undesirable effect upon attitudes 

related to successful learning." *" In 1965, a report adopted by the Massachusetts 

State Board of Education concluded that a racially imbalanced school was detrimental 

to sound education.^ 

On December 7, 1966, the Connecticut Board of Education adopted a policy 
statement which recognized that "the high concentration of minority group children 
in urban schools produces special problems in providing quality education. Isola- 
tion and lack of exposure to the mainstream of American society make it difficult for 
these children to achieve their full education potential." ^ 

^ Statement of the Board of Regents of the State of New York adopted on Jan. 28, 
1960. See also the special message from the state commissioner of education to all 
chief local school administrators and presidents of boards of education, 8 Race Rel. 
L. Rep. 738 (1963) and "Report of the Advisory Committee on Human Relations 
and Community Tensions," Apr. 30, 1963, quoted in Mitchell v. Board of Education, 
8 Race Rel. L. Rep. 735, 739-40 (1963). 

'= Fischer v. Board of Education (Orange), 8 Race. Rel. L. Rep. 730, Ti'i-TiA (N.J. 
Comm. of Ed. 1963). See also Booker v. Board of Education (Plainfield), 8 Race 
Rel. L. Rep. 1228 (1963) ; Spruill v. Board of Education, 8 Race Rel. L. Rep. 1234 
(1963). 

'^ Because It Is Right- — Educationally, Report of the Advisory Committee on Racial 
Imbalance and Education, Massachusetts State Board of Education, April 1965 (com- 
monly known as the Kiernan Report). The report stated of racial imbalance that: 

— It does serious educational damage to Negro children by impairing their con- 
fidence, distorting their self-image, and lowering their motivation. 
— It does moral damage by encouraging prejudice within children regardless of 
their color. 

— It presents an inaccurate picture of life to both white and Negro children and 
prepares them inadequately for a multiracial community, nation, and world. 
— It too often produces inferior education facilities in the predominantly Negro 
schools. 

— It squanders valuable human resources by impairing the opportunities of many 
Negro children to prepare for the professional and vocational requirements of 
our technolgical society. {Id. at 2.) 
In June 1964, the Pennsylvania Human Relations Commission issued guidelines 
for school districts to observe in alleviating racial imbalance (Pennsylvania Human 
Relations Commission, "Guidelines for Fuller Integration of Elementary and Second- 
ary Public Schools," July 17, 1964). Subsequently, finding after a hearing that 
racial imbalance in the Chester, Pa. schools had dulled the motivation and depressed 
the achievement level of the city's Negro pupils (Record, vol. Ill, p. 1249a, Penn- 
sylvania Human Relations Commission v. Chester School District, No. 637, Ct. of 
Common Pleas of Dauphin County, 1964), the commission issued a remedial order 
{Id. at 1277a). Subsequently, however, the State Court of Common Pleas held that 
the commission had no jurisdiction "to enter a remedial order directed at mere 'de 
facto' segregation" {Pennsylvania Human Relations Commission v. Chester School 
District, No. 304, Super. Ct. of Pa., Nov. 17, 1966). The Superior Court affirmed 
{Ibid.). The order is being appealed by the Commission. Petition for allowance 
of appeal, Pennsylvania Human Relations Commission v. Chester School District, 
supra. 

^ Policy Statement of Connecticut State Board of Education Concerning Quality 
Education for Children in Minority Groups, Dec. 7, 1966, series 1961-67, circular 
letter No. 6-8, Dec. 12, 1966. 

In 1966, the Wisconsin State Superintendent of Public Instruction stated: 
"[SJchools . . . which are unrepresentative of the general community structure may 
not adequately meet the needs of the children concerned. We believe that lack of 
opportunities for some form of integration is harmful to the white community as 
well as it is to the colored community." (Statement by the Wisconsin State Super- 
intendent of Public Instruction, entitled "Department Policy Statement on De Facto 
Segregation and Disadvantaging Conditions," March 1966.) 

230 



B. Standards 

A smjill number of States have required some type of action to correct or alleviate 
racial imbalance in the public schools. These States have established guidelines on 
the degree of imbalance wfhich should trigger relief. 

The Massachusetts legislature has defined a racially imbalanced school as one 
where the percentage of nonwhites exceeds 50 percent of the total enrollment.*^ 
The New York Commissioner of Education has defined a racially imbalanced school 
as one having 50 percent or more Negro pupils enrolled.*" The Supreme Court of 
California and the Supreme Court of New Jersey have indicated that "substantial" 
imbalance would call for relief.^ Illinois, which by statute requires consideration 
of ethnic factors in drawing school attendance areas and in selecting school sites, 
imposes no statutory requirement upon local school authorities to take corrective 
action which is dependent upon the proportion of Negroes to whites in a particular 
school, but an Illinois court has construed the statute to require corrective action 
where a school was 76 percent Negro.** On November 30, 1966, the Maryland 
State Board of Education, in a formal opinion, announced that "as long as the 
neighborhood school concept is not violated, eflforts ought to be made to avoid 
lopsided racial imbalance in the composition of the student bodies." *" 

C. Extent of Duty 

Massachusetts and New York purport to require the elimination of racial imbal- 
ance in all schools. The Supreme Court of California has cautioned that "consid- 
eration must be given to the various factors in each case, including the practical 
necessities of governmental operation," including "the difficulty and effectiveness 
of revising school boundaries so as to eliminate segregation and the availability of 
other facilities to which students can be transferred." '"' The Supreme Court of New 
Jersey requires "a reasonable plan achieving the greatest dispersal consistent with 
sound educational values and procedures." Many factors must be "conscientiously 
weighed by the school authorities," including "considerations of safety, convenience, 
time economy, and the other acknowledged virtues of the neighborhood policy." "' 
The Illinois law requires local school authorities to consider the effects of racial 
imbalance, along with other relevant educational factors, in selecting school sites and 
drawing attendance zones.*' In Maryland, the State Board of Education requires 
school districts to eliminate "lopsided" racial imbalance, but only when consistent 
with the neighborhood school concept.*^ 

D. Implementation 

The Massachusetts policy is supported by the strongest enforcement powers. In 
August 1965, the Massachusetts Legislature enacted a Racial Imbalance Act, which 
provides that upon notification by the State Board that a school within its system 
is racially imbalanced, a school committee must prepare and file with the board a 



"^Mass. Gen. Laws, ch. 15, sec. l-I; eh. 71, sees. .37C, 37D (1965). 

** Memorandum from State Commissioner of Education to all Chief Local School 
Administrators and Presidents of Boards of Education, 8 Race Rel. L. Rep. 738, 
739 (1963). See Mitchell v. Board of Education, 8 Race Rel. L. Rep. 735 (1963). 

^Jackson v. Pasadena City School District, 31 Cal. Rptr. at 609, 382 P. 2d ai 
881; Booker v. Board of Education ( Plainfield ) , 45 N.J. 161, 178, 212 A. 2d 1, 10 
(1965). 

^Tometz v. Board of Education, Waukegan City School, School District No. 61, 
Civil No. 65-3917, Cir. Ct. of the 19th Jud. Cir., Lake County, 111., July 20, 1966. 

^ In the Matter of Parole School Attendance Area, Maryland State Board of Edu- 
cation, Nov. 30, 1966, p. 4. 

"^Jackson v. Pasadena City School District, 31 Gal. Rptr. at 610, 382 P. 2d at 882. 

"^ Booker v. Board of Education, 45 N.J. 1 6 1 , 1 80, 2 1 2 A. 2d 1 , 1 1 ( 1 965 ) . 

"" Infra. 

"'In the Matter of Parole School Attendance Area, Maryland State Board of 
Education, Nov. 30, 1966, p. 4. 

231 



plan to eliminate the imbalance." If the committee fails to show progress 
within a reasonable time in eliminating racial imbalance in its school system, the 
Commissioner of Education must refuse to certify all State school aid for that 
system.*^ 

Massachusetts is the only State which requires, either by law or administrative 
regulation, that State educational funds be withheld from school systems operating 
racially imbalanced schools. 

Like Massachusetts, Illinois has passed legislation designed to alleviate racial 
imbalance.*^ In June 1963, in the Armstrong Act, Illinois amended its school 
code by adding the following sentence to the sections dealing with the erection and 
acquisition of school buildings : 

In erecting, purchasing, or otherwise acquiring buildings for school pur- 
poses, the board shall not do so in such a manner as to promote segrega- 
tion and separation of children in public schools because of color, race or 
nationality.*^ 

To the sections dealing with attendance units "* and subdistricts "" the following 
provision was added : 

As soon as practicable, and from time to time thereafter, the board shall 
change or revise existing units [subdistricts] or create new units [subdistricts] 
in a manner which will take into consideration the prevention of segregation 
and the elimination of separation of children in public schools because of 
color, race or nationality. 

Enforcement of these provisions appears to be left to the courts upon the com- 
plaints of aggrieved individuals.^*" 

" Mass. Gen. Laws, ch. 71, sec. 37D (1965). The act requires each school commit- 
tee within the State to submit annually to the State Board of Education a racial census 
of its schools. Should the board determine that racial imbalance exists in any school, 
it must so notify the school committee operating the school. 

^ Mass. Gen. Laws, ch. 1 5 sec. 1 ( I ) ( 1 965 ) . Under this statute, the State Board of 
Education voted unanimously to withdraw State financial aid from the Boston school 
system in April 1966, after having rejected a plan submitted by the Boston School 
Committee. On June 13, 1966, the Boston School Committee submitted a revised 
plan in an effort to comply with the law (Boston School Committee, Racial Imbalance 
Plan, June 13, 1966). This plan was rejected by the State Board of Education on 
June 28, 1966 (Massachusetts Board of Education, Review of Boston School Commit- 
tee Revised Plan on Racial Imbalance, June 28, 1966). On July 26, 1966, this rejec- 
tion was reaffirmed. On Aug. 5, 1966, the Boston School Committee filed suit in 
Superior Court against the State Board of Education challenging the State Board's 
actions (School Committee of the City of Boston v. The Board of Education, Docket 
No. 85853— equity, Aug. 5, 1966) . On Sept. 26, 1966, the Boston School Committee 
filed a second suit in Superior Court challenging the constitutionality of the act 
(Eisenstadt v. Board of Education, Docket No. 86080 — equity, Sept. 23, 1966). In 
the first suit the superior court has ruled that the State Board of Education acted 
arbitrarily in withholding funds from the Boston public schools. School Committee of 
the City of Boston v. State Board of Education, supra, Dec. 21, 1966. 

^ The Illinois statutes contain certain exemptions for school districts with popula- 
tions from 1,000 to not more than 500,000. 

"111. Stat. Ann. ch. 122, sec. 10-20.11 (Smith-Hurd Supp. 1963) (applicable 
to school districts with populations from 1,000 to not more than 500,000: 111. Stat. 
Ann. ch. 122, sec. 10-1, 10-10 (Smith-Hurd 1962)); 111. Stat. Ann. ch. 122, sec. 
34-22 (Smith-Hurd Supp. 1965) (applicable to the city of Chicago: 111. Stat. Ann. 
ch. 122, sec. 34-1, 34-2 (Smith-Hurd 1962)). Two months later, however, this 
sentence was deleted from the section covering school districts with populations not 
more than 500,000. 111. Stat. Ann. ch. 122, sec. 10-22.36 (Smith-Hurd Supp. 1965), 
Senate Bill No. 909, sec. 2 ( 1 963 ) . 

*'I11. Stat. Ann. ch. 122, sec. 10-21.3 (Smith-Hurd Supp. 1965) which applies 
to school districts with populations not more than 500,000 (111. Stat. Ann. ch. 122, 
sec. 10-1, 10-10 (Smith-Hurd 1962)). 

*'I11. Stat. Ann. ch. 122, sec. 34-18 (7) (Smith-Hurd Supp. 1965) which applies 
to the city of Chicago. 111. Stat. Ann. ch. 122, sec. 34-1, 34-2 (Smith-Hurd 1962). 

'"" On July 20, 1966, an Illinois Circuit Court held that the Armstrong Act was "a 
clear injunction to public school boards in this state to act to correct the racial 
imbalance in schools as soon as practicable." Tometz v. Board of Education, 

Footnote continued on. following page. 

232 



New Jersey, New York, and California have taken action against racial imbalance 
either through administrative regulations, quasi-judicial rulings of the State Com- 
missioner of Education, judicial decisions of State courts, or a combination of these 
means. In New Jersey and New York, reliance has been placed on general provisions 
of State law guaranteeing equal educational opportunity. The sanctions available 
to enforce these regulations and rulings vary. In New York, where the Com- 
missioner of Education has required local school authorities to eliminate racial imbal- 
ance the Commissioner has authority under State law to withhold funds or to 
remove school board members for failure to comply with his determinations.*'" The 
New Jersey Commissioner of Education has the power to withhold funds if a school 
district fails to "comply with the regulations and standards for the equalization of 
opportunity which have been or . . . may be prescribed by law or formulated by the 
Commissioner of Education or the State Board pursuant to law." '"^ 

The sanctions available to the New York and New Jersey commissioners are lacking 
in California, where the State Board of Education, pursuant to its statutory rule- 
making authority, has issued regulations — approved by the Supreme Court of Cali- 
fornia — requiring school boards to take certain action to avoid racial imbalance."" 
It is not clear what sanctions, if any, the State Board may impose in the event of 
failure to comply."" 

In Maryland the State Board, which is charged with the power of determining 
the educational policies of the State and has "the last word on any matter concerning 
educational policy or the administration of its system of public education," has the 
power to specify school district boundaries."^ 



Waukegan City School District No. 61, Civil No. 65-3917, Cir. Ct. of the 19th Jud. 
Cir., Lake County, 111., July 20, 1966, p. 11. The court held that the act was 
constitutional. The school which plaintiffs' children attended was 76 percent 
Negro while four surrounding schools were all white. The school board was ordered 
to file a plan with the court "making a reasonable revision of some or all of the 
aforesaid attendance unit boundaries in order to, in some measure, ameliorate the 
racial imbalance presently existing in the units in question" {Id. at 12). In holding 
that "state action to deal with problems of racial imbalance in schools is constitu- 
tional," the court laid down the "necessary corollary" that the "state corrective action 
be reasonable and related" [sic] {Id. at 7). 

*«N.Y. Ed. Code, title 1, art. 7, sec. 306 (1957). 

*"N.J. Stat. Ann. 18: 10-29.44 (1954). 

''"On Feb. 20, 1963, the California Board of Education, acting under its statutory 
rulemaking authority (Calif. Ed. Code § 152), filed an amendment to title 5 of the 
California Administrative Code which provides that, to avoid, "insofar as practicable, 
the establishment of attendance areas and attendance practices which in practical 
effect discriminate upon an ethnic basis against pupils or their families or which in 
practical effect tend to establish or maintain segregation on an ethnic basis," the gov- 
erning board of a school district in establishing attendance areas and attendance prac- 
tices shall include ethnic factors among the factors considered (§ 2011). 

In May 1963, the State board implemented its policy by promulgating two more 
amendments to title 5. One directed the department of education to give "special 
attention" to ethnic factors in approving school sites (California Administrative Code, 
title 5, § 2001. (Reprinted in "California Laws and Policies Relating to Equal 
Opportunities in Education," 3 (Sacramento, 1966)). The other stipulated that 
each recommendation for the organization of a new district submitted by a county 
committee shall contain an assurance that in its judgment the "new district will 
not place obstacles in the way of achieving racial integration in the schools." 
(Calif. Admin. Code, title 5, § 135.3(e) (2).) 

'"* Telephone interview with Mr. Lawrence Kerney, counsel for the California State 
Board of Education, Dec. 12, 1966. 

'*"^/n the Matter of Parole School Attendance Area, Maryland State Board of 
Education, Nov. 30, 1966, pp. 3, 4. 

Four other States — Indiana, Michigan, Wisconsin, and the State of Washington — 
in some measure have encouraged local school authorities to take action to alleviate 
racial imbalance, without making such action an enforceable requirement. Burns 
Ind. Stat. Ann. 28-5157 (1965) ; Joint statement, Michigan State Board of Educa- 
tion and Michigan Civil Rights Commission, Apr. 23, 1966, pp. 1-2; "Suggested 

Footnote continued on following page. 

233 



In Massachusetts, the State Board is required to provide technical assistance to 
school committees in formulating plans to relieve racial imbalance. The school 
building assistance commission, moreover, is required to increase the amount of 
grants for school construction to 65 percent of the approved cost whenever the 
board of education is satisfied that the construction or enlargement of a school is 
for the purpose of reducing or eliminating racial imbalance in the school system. 
In 1966, the New York State Legislature appropriated a million dollars partly to assist 
school districts in the State to develop plans and programs for correcting racial isola- 
tion in the schools.^"* 

E. Judicial Challenges to Remedial Action 

The courts consistently have upheld actions at the State or local level designed 
to eliminate or alleviate racial imbalance in the public schools against the charge by 
white parents that it is unconstitutional or unlawful to take race into consideration. 

In Fuller v. Volk,^'" the Englewood School Board, under a plan to reduce racial 
imbalance in the elementary schools, assigned all sixth-grade pupils to one city-wide 
school (Lincoln) and gave all the students in grades one through five at Lincoln 
the option to attend other specified elementary schools.^"^ The plaintiffs, parents 
of white sixth-grade children, argued that the plan had been adopted solely because 
of racial considerations, that their children were being discriminated against on the 
basis of race because they could not attend their neighborhood school, and that 
therefore the plan was unconstitutional. Disagreeing, the court held that "a local 
board of education is not constitutionally prohibited from taking race into account 
in drawing or redrawing school attendance lines for the purpose of reducing or 
eliminating de facto segregation in its public schools." "* 

Action taken to implement the New York policy on racial imbalance has been 
challenged frequently in the courts as repugnant to the due process and equal pro- 
tection clauses of the 14th amendment and to New York State law. But except 
in one case where the results were held to be arbitrary and capricious, the lawsuits 
have been uniformly unsuccessful.™ Although the State courts at first looked to see 



Guidelines for Providing for the Maximal Education of Children of all Races and 
Creeds in the Schools of Michigan" (1964) (Report to the State Superirrtendent of 
Public Instruction from the State Committee on Equal Educational Opportunity) ; 
Superintendent of Public Instruction, State of Washington, "Guide for Approved 
School Transportation," Aug. 26, 1966; Statement by the Wisconsin State Super- 
intendent of Public Instruction, "Department Policy Statement on de Facto Segrega- 
tion and Disadvantaging Conditions," March 1966. -> 

'»* 106 Mass. Gen. Laws ch. 15 § l-I (1965) ; Testimony of James E. Allen, Jr. 
Commissioner of Education, New York State, U.S. Commission on Civil Rights, 
"Manuscript of Transcript of Proceedings," Rochester, N.Y., 392-93, Sept. 17, 1966. 

^•^ 230 F. Supp. 25 (D. N.J. 1964), vacated and remanded for determination of 
jurisdiction, 351 F. 2d 323 (3dCir. 1965), on remand 250 F. Supp. 81 (D.N.J. 1966). 

""230 F. Supp. at 28. 

*°* Id. at 34. Similarly, in Morean v. Board of Education (Montclair) , 42 N.J. 237, 
200 A. 2d 97 (1964), the Supreme Court of New Jersey upheld the action of the 
Montclair School Board in closing a predominantly Negro junior high school and 
distributing the students evenly among the three other junior high schools until the 
school board could carry out a plan to replace all of the junior high schools with a 
single centrally located school. The court pointed out that "racial imbalance . . . 
though fortuitous in origin, presents much the same disadvantages as are presented 
by segregated schools" [Id. at 243, 200 A. 2d at 100). Declaring that racial classi- 
fications do not automatically violate the equal protection clause, the court held that 
the purpose of the racial classification is determinative of its constitutionality. 
Although the relocation plan was racially motivated, the court held it did not violate 
the 14th amendment since its purpose was to reduce racial imbalance (42 N.J. at 
243-44, 200 A. 2d at 100). See also Schults v. Board of Education (Teaneck), 86 
N.J. Super., 29, 205 A. 2d 762 (1964). 

"" Balaban v. Rubin, 20 App. Div. 2d 438, 248 N.Y.S. 2d 574, aff'd, 14 N.Y. 2d 
193, 250 N.Y.S. 2d 281, cert, denied, 379 U.S. 881 (1964) (New York City); 

Footnote continued on following page. 

234 



whether the school board plan was justified by educational factors other than a 
desire to overcome racial imbalance,"^ more recently a New York court indicated 
that a plan designed solely to correct racial imbalance would not for that reason 
be unconstitutional."^ In Buffalo, after the commissioner of education had ordered 
the school board to remedy racial imbalance in the schools, suit was brought in 
Federal court attacking the order as a violation of the 14th amendment. Rejecting 
this argument, the court held that ". . . the 14th amendment, while prohibiting any 
form of invidious discrimination, does not bar cognizance of race in a proper effort 
to eliminate racial imbalance in a school system."^ 

The rationale of these decisions has been articulated by the Court of Appeals for the 
First Circuit. Commenting on a plan to relieve racial imbalance, the court stated 
in dictum: 

It has been suggested that classification by race is unlawful regardless of 
the worthiness of the objective. We do not agree. The defendants' pro- 
posed action does not concern race except insofar as race correlates with 
proved deprivation of educational opportunity. This evil satisfies whatever 
"heavier burden of justification" there might be. Cf. McLaughlin v. State 
of Florida, 1964, 379 U.S. 184, 194. ... It would seem no more unconstitu- 
tional to take into account plaintiffs' special characteristics and circum- 
stances that have been found to be occasioned by their color than it would 
be to give special attention to physiological, psychological, or sociological 
variances from the norm occasioned by other factors. That these differ- 
ences happen to be associated with a particular race is no reason for ignor- 
ing them. [Citations omitted.] "* 

Ironically, those who maintain the position that school boards may not take race 
into account in formulating student assignment plans have relied on Mr. Justice 
Harlan's statement, dissenting in Plessy v. Ferguson"^ that "our Constitution is 
colorblind, and neither knows nor tolerates classes among citizens." On August 15, 
1963, the Attorney General of California, ruling in an official opinion that a school 
board may adopt a plan to relieve imbalance which utilizes race as a factor ". . . if 
the purpose of considering the racial factor is to effect desegregation in the schools, 
and the plan is reasonably related to the accomplishment of that purp>ose," gave the 
following response to this argument : 

"Our Constitution is colorblind" was Justice Harlan's admonition against 
the "separate but equal" doctrine. To decide that the combined thinking 
and efforts of persons of all races may not recognize a present inequality as 
the starting point in a program designed to help achieve that equality which 



Addabo v. Donovan, 43 Misc. 2d 621, 251 N.Y.S. 2d 856 (1964), aff'd, 22 App. Div. 
383, 256 N.Y.S. 2d 178 (1965), aff'd, 16 N.Y. 2d 619, 261 N.Y.S. 2d 68 (1965) 
(New York City) ; Schnepp v. Donovan, 43 Misc. 2d 917, 252 N.Y.S. 2d 543 (1964) 
(New York City) ; Strippoli v. Bickal, 21 App. Div. 2d 365, 367, 250 N.Y.S. 2d 969, 
972 (Rochester) reversing 42 Misc. 2d 475, 248 N.Y.S. 2d 588 (1964) ; Di Sana v. 
Storandt, 22 App. Div. 2d 6, 253 N.Y.S. 2d 411 (1964), reversing 43 Misc. 2d 272. 
250 N.Y.S. 2d 701 (1964); Katalinic v. City of Syracuse, 44 Misc. 2d 734, 254 
N.Y.S. 2d 960 (1964) (Syracuse); Etter v. Littwitz, 47 Misc. 2d 473, 262 N.Y.S. 
2d 924 ( 1965) (Rochester) ; Offermann v. Nitkowski, 248 F. Supp. 129 ( 1965) (Buf- 
falo) ; Vetere v. Allen, 15 N.Y. 2d 259, 258 N.Y.S. 2d 77 (1965) (Malveme). 

In Blumberg v. Donovan, 10 Race Rel. L. Rep. 152 (No. 5065 N.Y. Sup. Ct. 
Queens County, special term, pt. I, July 8, 1964), a pairing plan of the New York 
City school board was invalidated on the ground that the results were "arbitrary 
and unreasonable" in that it compelled "the transfer of petitioner's children, who 
are of tender years (grades 3 to 6) and who now attend a school across the street 
from where they live, to a school approximately %o of a mile away, to and from 
which, if they return home for lunch, they must walk a total of about 4 miles a day, 
and each of the 4 times they make this trip must cross 1 2 street intersections including 
2 heavily trafficked streets. . . ." {ibid.). 

"^See, e.g., Balaban v. Rubin, supra; Strippoli v. Bickal, supra; Di Sano v. 
Storandt, supra. 

^■^^ Katalinic v. City of Syracuse, supra, at 736, 254 N.Y.S. 2d at 962. 

"' Offermann v. Nitkowski, 248 F. Supp. 129 (W.D. N.Y. 1965). 

^'^Springfield School Committee v. Barksdale, 348 F. 2d 261, 266 (1st Cir. 1965). 

"M63 U.S. 537, 559 (1896). 

235 



Justice Harlan sought would be to conclude not merely that the Constitution 
is colorblind, but that it is totally blind.''" 

Summary: The courts have held purposeful school segregation to be unconstitu- 
tional — including segregation that is less than total. They have indicated that purpose- 
ful segregation which is the product of inaction is as repugnant to the 14th amendment 
as purposeful segregation which is the result of affirmative conduct. The courts have 
not been so ready to say that adventitious segregation is unconstitutional. That result 
has been reached only in a few cases involving smaller cities and suburban jurisdictions 
in which the Negro population did not constitute a large portion of the population 
and where the problem seemed susceptible of a judicial remedy. In these cases the 
courts have reached the question of whether adventitious segregation is harmful to 
Negro children and unanimously have concluded that it is. In suits against school 
systems of large cities, on the other hand, where the Negro school age population is 
a much larger proportion of the total school age enrollment, and where judges often 
have been troubled by the difficulty of devising a remedy which the school system 
could implement, the courts have ruled that adventitious segregation is not uncon- 
stitutional, without reaching the factual question of whether Negro students are 
harmed by such segregation. The courts have rejected claims by white parents that 
where the State or the school authorities take corrective action, the Constitution is 
violated. 

Thus, the result of most judicial decisions to date has been to leave the question of 
remedying racial imbalance to the legislative and executive branches of the Federal 
and State governments. A small number of States have enumerated policies directed 
at correcting racial imbalance, and fewer still have provided machinery for imple- 
menting these policies. We turn next to a consideration of present Federal policy on 
racial isolation and the authority of Congress to take corrective action. 

III. The Congressional Response 

Congress has passed legislation aimed at eliminating racial discrimination in the 
assignment of children to public schools. But this legislation does not appear to dictate 
the imposition of sanctions solely for failure to overcome racial imbalance. 

''"42 Ops. Cal. Atty. Gen. 33, 34-35 (1963), 8 Race Rel L. Rep. 1303, 1305 
(1963). See also 46 Ops. Cal. Atty. Gen. 45-47 (1965) ; Guida v. Board of Educa- 
tion, 26 Conn. Supp. 121, 213 A. 2d. 843 (1965) ; Wanner v. County School Board 
(Arlington), 357 F. 2d 452, 455 (4th Cir. 1966). Cf. Brooks v. Beta, Civil No. 
22809, 5th Cir., July 29, 1966, overruling Collins v. Walker, 335 F. 2d 417 (5th 
Cir. 1964),cert. denied, 379 U.S. 901 (1964) ;Tancil v. Woolls, 379 V.S. 19 (1964), 
affirming per curiam, Hamm v. Virginia State Board of Elections, 230 F. Supp. 156, 
157 (E.D. Va. 1964). 

It follows, a fortiori, that a school board may take race into account in undoing 
past discrimination by school authorities. In Wanner v. County School Board (Ar- 
lington, supra, the school board had adopted a plan to desegregate the county's 
all-Negro junior high school, which had remained "as it was contrived, a Negro 
enclave entirely surrounded by white school zones" {Id. at 453). Three junior high 
school districts were combined to form two new districts, each of which would 
have a student enrollment 75 percent white and 25 percent Negro. The school 
board had knowledge of racial imbalance in the student population and was aware 
that the new plan would reduce the imbalance {Id. at 454). The district court 
held that ". . . racial balance was the prime criterion used in redrawing the 
boundaries and that considerations based on race are constitutionally impermis- 
sible . . ." {Id. at 453). Reversing, the Court of Appeals for the Fourth Circuit 
stated (357 F. 2d at 454) : "If a school board is constitutionally forbidden to institute 
a system of racial segregation by the use of artificial boundary lines, it is likewise 
forbidden to perpetuate a system that has been so instituted. It would be stultifying 
to hold that a board may not move to undo arrangements artificially contrived to 
efTect or maintain segregation, on the ground that this interference with the status 
quo would involve 'consideration of race.' When school authorities, recognizing the 
historic fact that existing conditions are based on a design to segregate the races, act 
to undo these illegal conditions — especially conditions that have been judicially con- 
demned — their effort is not to be frustrated on the ground that race is not a per- 
missible consideration. This is not the 'consideration of race' which the Constitution 
discountenances." 

236 



Title VI of the Civil Rights Act of 1964, which authorizes the withholding of Federal 
funds from public and private schools and school systems participating in Federal 
aid-to-education programs where the programs are operated in a racially discrimina- 
tory manner, states : 

Sec. 601. No person in the United States shall, on the ground of race, 
color, or national origin, be excluded from participation in, be denied the 
benefits of, or be subjected to discrimination under any program or activity 
receiving Federal financial assistance."' 

The word "discrimination" in title VI is not defined. It can be argued, however, 
that in another title of the 1964 act, dealing specifically with school desegregation, 
Congress manifested an intent to exclude racial imbalance from the scope of title VI. 
Title IV provides that the Commissioner of Education is authorized to render tech- 
nical assistance in the preparation, adoption, and implementation of plans for the 
desegregation of public schools upon the request of local school officials (sec. 403)."* 
The Commissioner also is authorized to make grants for in-service training of teachers 
to deal with, or for employment of specialists to advise on, problems incident to 
desegregation"" (sec. 405). The word "desegregation" is defined in section 401 to 
mean "the assignment of students to public schools and within such schools without 
regard to their race, color, religion or national origin, but . . . shall not mean the 
assignment of students to public schools in order to overcome racial imbalance." "° 

Section 401 (b) simply defines the term "desegregation" as it appears in the sections 
of title IV authorizing technical and financial assistance to desegregating school 
districts. Another section in title IV, however (sec. 407), which authorizes the 
Attorney General to bring school desegregation suits under certain specified con- 
ditions, contains a congressional disclaimer of intent to authorize Federal officials 
to require racial balance by tJie transportation of pupils, at least until it is clear that 
racial imbalance is unconstitutional.^ Section 407(a) (2) provides that ". . . noth- 
ing herein shall empower any official or court of the United States to issue any order 
seeking to achieve a racial balance in any school by requiring the transportation of 
pupils or students from one school to another or one school district to another in 
order to achieve such racial balance or otherwise enlarge the existing power of the 
court to insure compliance with constitutional standards." The reference to "any 
official," as well as "any court," arguably suggests that in using the term "nothing 
herein," Congress meant "nothing in this act," rather than "nothing in title IV." "" 

Thus, the Commissioner of Education has taken the position that racial imbal- 
ance — not caused by purposefully discriminatory action of school officials — "is 



"' 78 Stat. 252 (1964), 42 U.S.C. § 2000d-l (1964). Title VI regulations issued 
by the Department of Health, Education, and Welfare (45 C.F.R. 80 et seq. ( 1964) ) 
apply both to public and private schools and school systems. See 45 C.F.R. 80.4 
(1964) which is applicable to elementary and secondary schools. Private schools par- 
ticipating in programs covered by title VI must file assurances of compliance with the 
State that receives the grant (telephone interview with Jules Mangel, Office of General 
Counsel, Department of Health, Education and Welfare). While HEW has issued 
detailed guidelines governing public elementary and secondary school education, 
45 C.F.R. Part 181 (1966), as amended, however, it has not promulgated guidelines 
for private schools. 

""78 Stat. 246 (1964), 42 U.S.C. § 2000c-6 (1964). 

"" 78 Stat. 247 ( 1964), 42 U.S.C. § 2000c-4 (1964). 

'=«78Stat. 246 (1964), 42 U.S.C. §2000c(b) (1964). 

^ Sec. 407 authorizes the Attorney General "to initiate and maintain appropriate 
legal proceedings for relief" upon receipt of a complaint signed by a parent or group 
of parents alleging that his or their minor children "are being deprived by the school 
board of the equal protection of the laws." The Attorney General must believe that 
the complaint is meritorious and certify that the signers of the complaint are unable, 
in his judgment, to initiate and maintain appropriate legal proceedings for relief and 
that the institution of an action will materially further the orderly achievement of 
desegregation in public education. . . ." (sec. 407) 

^" See also the statement of then Senator Humphrey in debate (110 Cong. Rec. 
12715 (1964) ; discussion in United States v. Jefferson County School Board, Civil 
No. 23345, 5th Cir., Dec. 29, 1966. 

237 



beyond the clear purview of the Civil Rights Act. . . ." '"' A recent amendment to 
the Elementary and Secondary Education Act of 1965, moreover, disclaims any Con- 
gressional intent to confer, by that statute, independent authority upon the Commis- 
sioner to require school authorities to correct racial imbalance. The amendment 
states: "Nothing contained in this Act shall be construed to authorize any depart- 
ment, agency, officer or employee of the United States ... to require the assignment 
or transportation of students or teachers in order to overcome racial imbalance." '"' 

Under Title I of the Elementary and Secondary Education Act, the Commissioner 
of Education is extending financial assistance through States to school districts to 
meet the needs of educationally deprived children who live in attendance areas 
where there are high concentrations of children from low income families. Some 
school districts, such as Berkeley, are using Title I funds for projects, such as re- 
duction of pupil-teacher ratios, which involve the transportation of Negro children 
to under-utilized majority white schools and thus have the incidental eflfect of re- 
ducing racial imbalance. The Department of Health, Education, and Welfare be- 
lieves that racial imbalance contributes to educational deprivation, and encourages 
efforts to develop project activities which will tend to reduce such imbalance."*" A 
number of Title I projects have included "activities which attempted to reduce the 
effects of 'de facto' segregation as it affected the special educational needs of the 
identified, most educationally deprived children." ^'*^ In addition, certain experi- 
mental programs designed to relieve racial imbalance, such as the METCO program 
in Boston, are receiving Federal funds under Title III of the Elementary and Sec- 
ondary Education Act.^"**^ 

Under Title IV of the Civil Rights Act of 1964, the Office of Education 
is assisting northern school systems which have taken corrective measures to remedy 
imbalance to provide consultation and in-service training to teachers to meet prob- 
lems in areas such as counseling and guidance, remedial instruction, teaching 
attitudes, and inter-cultural understanding. This is being done on the 
theory that the word "desegregation" is defined in title IV, not as a transition from 
a segregated school system, but as "the assignment of students to public schools and 
within such schools without regard to their race, color, religion, or national origin" — 
a definition which includes situations in which there is no segregation. The Office 
of Education takes the position that while the "racial imbalance" clause in the 
title IV definition of "desegregation" prohibits giving assistance or encouragement 
to the bussing of children, the "pairing" of schools, the revision of attendance areas, 
or other action to overcome racial imbalance, once any of these actions has been 
taken by local authorities, the Office of Education is free to assist, through institutes 
and grants for consultation and in-service training, in meeting resulting racial 
problems to the same extent as where such problems have arisen from other causes.^^ 



^^ Address by Harold Howe II, "Education's Most Crucial Issue," before the 
Founders' Day Convocation, Teachers College, Columbia University, New York City, 
May 3, 1966, p. 6. 

';' Public Law 89-750, sec. 181 (1966). 

"*" Letter from Commissioner of Education Howe to Chief State School Officers, 
August 9, 1966; Statement of Office of Education re Impact of Title I, Elementary 
and Secondary Education Act of 1965 (P.L. 89-10) on De Facto Segregation; 
Manuscript, Transcript of Hearing before U.S. Commission on Civil Rights, Boston. 
Mass., Oct. 5, 1 966, p. 479-48 1 . 

"*'' Statement of Office of Education, supra, p. 2. 

"*" Manuscript, Transcript of Hearing before U.S. Commission on Civil Rights, 
Boston, Mass., Oct. 5, 1966, p. 242. 

^^^ Memorandum "Title IV of the Civil Rights Act" from Mr. Alanson W. Willcox, 
General Counsel, DHEW, to the Secretary of the Department of Health, Education, 
and Welfare, Jan. 5, 1965. In the 89th Congress, a bill (S. 2928, 89th Cong. 2d sess.) 
was introduced by Senator Edward Kennedy of Massachusetts to amend Title IV of 
the Civil Rights Act of 1964 in order to authorize the Commissioner of Education 
to provide technical assistance and grants to school boards in support of programs 
designed to overcome racial imbalance in the public schools. 

238 



IV. The Need for a Congressional Remedy 

The questions before Congress in taking corrective action are different from those 
before the courts. The courts have been troubled by the task of devising remedies 
to correct adventitious school segregation. It is conceivable, of course, that within 
the limitations of the judicial power to aflFord a remedy the courts may go further in 
finding a constitutional duty than they have been willing to go thus far. But judicial 
action affords less promise than congressional action for effective relief. 

Litigation is an imperfect instrument for securing school desegregation. Experi- 
ence with judicial enforcement of Southern school desegregation is instructive. Dis- 
satisfaction with the progress which had been made through the courts was responsible 
in part for the enactment of title VI of the Civil Rights Act of 1964, which author- 
izes the Department of Health, Education, and Welfare to withhold Federal funds 
from school districts which fail to comply with its desegregation standards. A 
recent opinion of the Court of Appeals for the Fifth Circuit, which has jurisdiction 
over all of the deep South States, recites some of the reasons why litigation is an 
inadequate means of accomplishing school desegregation, and why congressional action 
is necessary: 

Case by case development of the law is a poor sort of medium for reason- 
ably prompt and uniform desegregation. There are natural limits to effec- 
tive legal action. Courts cannot give advisory opinions, and the disciplined 
exercise of the judicial function properly makes courts reluctant to move 
forward in an area of the law bordering on the periphery of the judicial 
domain. . . . The contempt power is ill-suited to serve as the chief means 
of enforcing desegregation. Judges naturally shrink from using it against 
citizens willing to accept the thankless, painful responsibility of serving on 
a school board .... School desegregation plans are often woefully in- 
adequate; they rarely provide necessary detailed instructions and specific 
answers to administrative problems. And most judges do not have sufficient 
competence — they are not educators or school administrators — to know the 
right questions, much less the right answers. . . . But one reason more than 
any other has held back desegregation of the schools on a large scale. 
This has been the lack, until 1964, of effective congressional statutory 
recognition of school desegregation as the law of the land.'™ 

Quoting from the House Report on the 1964 Act, which pointed out that progress in 
Southern school desegregation had been too slow and that national legislation was "re- 
quired to meet a national need," the court concluded that Title VI "was necessary to 
rescue school desegregation from the bog in which it had been trapped for ten 

)J 127 

years. 

Resistance to the fulfillment of civil rights is likely to be much greater when such 
rights are recognized by the Federal courts alone than when they are recognized also 
by the national legislature. "More clearly and effectively than either of the other two 
coordinate branches of Government, Congress speaks as the Voice of the Nation." '"' 
A Supreme Court decision overturning the conviction of the sit-in demonstrators on 
the ground that the 14th amendment required the owners of places of public accom- 
modation to serve Negroes without discrimination could not have commanded the 
same amount of public support as the public accommodations title of the Civil Rights 
Act of 1964.'^ The Voting Rights Act of 1965 produced far greater voluntary com- 
pliance throughout the South than the many Federal court decisions enjoining voting 
discrimination against Negroes which preceded it."° 

Congressional action also would have the virtues of establishing a uniform standard, 
minimizing delay and relieving overburdened Federal courts of what, as the judicial 
history of Southern school desegregation discloses, is a burdensome responsibility. 



'™ United States v. Jefferson County Board of Education, Civil No. 23345, 5th Cir., 
Dec. 29, 1966, pp. 10-11. 

'"-' Id.ai 11. 

'=' Id. at 5. 

'^42 U.S.C. 2000a (1964). See Cox, "Constitutional Adjudication and the Pro- 
motion of Human Rights," 80 Harv. L. Rev. 91 (1966) . 

'^ U.S. Commission on Civil Rights, The Voting Rights Act . . . the First Months 
2,8,9 (1965). 

239 



The Court of Appeals for the Fifth Circuit recently recounted its experience in the 
last 10 years in reviewing school desegregation cases: 

The first school case to reach this court after Brown v. Board of Educa- 
tion was Brown v. Rippey. . . . Since then we have reviewed 41 other 
school cases, many more than once. The district courts in this circuit have 
considered 128 school cases in the same period. Reviewing these cases 
imposes a taxing, time-consuming burden on the courts not reflected in sta- 
tistics. An analysis of the cases shows a wide lack of uniformity in areas 
where there is no good reason for variations in the schedule and manner of 
desegregation. . . . The lack of clear and uniform standards to govern 
school boards has tended to put a premium on delaying actions."^ 

Equally important, since the appropriate remedy may require substantial amounts 
of financial assistance — particularly where school construction is involved — Congress, 
with its power to appropriate money, is far better equipped than the courts to provide 
effective relief. Although the judiciary may have power to compel State or local 
officials to levy taxes in order to comply with the Constitution,"' the courts could not 
provide the financial assistance needed to avoid the otherwise severe economic strains 
which such levies would impose upon local tax resources. 

As the following discussion shows, Congress is empowered by the Constitution to 
provide a remedy. 

V. The Power of Congress To Enact Legislation Eliminating 
Racial Isolation in the Schools 

A. The Preventive Powers of Congress 
Under the 14th Amendment 

The equal protection clause of the 14th amendment provides that "no State 
shall . . . deny to any person within its jurisdiction the equal protection of the 
laws." While the courts are available to vindicate 14th amendment rights, they 
do not exercise exclusive guardianship. Congress, given express authority under 
section 5 of the amendment "to enforce, by appropriate legislation, the provisions 
of . . . [the amendment]," shares that responsibility. Because, as will be shown, 
correction of racial isolation in the schools — -adventitious or otherwise — is necessary 
to secure equal protection rights, congressional legislation to provide a remedy would 
be "appropriate legislation" under section 5. 

In the October Term, 1965, the Supreme Court stressed the power and respon- 
sibility of Congress to enforce constitutional rights under the 14th and 15th amend- 
ments. As the former Solicitor General of the United States, Archibald Cox, pointed 
out in a recent issue of the Harvard Law Review, "the decisions call attention to a 
vast untapped reservoir of federal legislative power to define and promote the con- 
stitutional rights of individuals in relation to state goverrmient." ^'^ The decisions 
make it clear that section 5 of the 14th amendment is an affirmative grant which 
authorizes Congress to determine what legislation is needed to further the aims of 
the amendment. 

In the first case, South Carolina v. Katzenhach^^ the constitutionality of the Voting 
Rights Act of 1965 was in issue. This Act suspended the use of literacy tests and 
other devices applied in certain Southern States so as to discriminate against Negro 
voter registration applicants, in any State or county as to which the Attorney General 
determined that a test or device had been in force and the Director of the Census 
certified that less than 50 percent of the adult population had voted in the 1964 
presidential election. The theory was that these "triggers" marked the areas in 
which there was reason to think that the tests might be employed in a racially 
discriminatory way; Congress therefore had power, according to the theory, to pass 

"^ United States v. Jefferson County Board of Education, Civil No. 23345, 5th Cir., 
Dec. 29, 1966, p. 17. 

^^ See Griffin v. Prince Edward County School Board, 377 U.S. 218 ( 1964) . 

^^ Cox, "Constitutional Adjudication and the Promotion of Human Rights," 80 
Harv L. Rev. 91,99 (1966). 

'^383 U.S. 301 (1966). 

240 



p 



the statute under section 2 of the 15th amendment, which provides that "the Con- 
gress shall have power to enforce this article by appropriate legislation." South 
Carolina argued that this power is limited to the prevention or redress of illegal 
conduct. But the Court disagreed, stating that "Congress may use any rational 
means to effectuate the constitutional prohibition of racial discrimination in voting," 
and therefore was not confined to deaHng with voting discrimination itself but could 
regulate or prohibit any conduct which created a danger of discrimination.'^ 

A similar holding was made with respect to the enforcement clause of the 14th 
amendment in Katzenbach v. Morgan."^ The issue was the constitutionality of a 
section of the Voting Rights Act which has the effect of providing that no person who 
successfully has completed the sixth grade in a Puerto Rican School where instruction 
is in Spanish shall be denied the right to vote because of inability to read or write 
Erxglish."^ Its main effect is to give the ballot to Spanish-speaking citizens who have 
moved from Puerto Rico to New York but would be barred from voting by New 
York's English literacy test."^ 

The Attorney General of the State of New York contended that section 4(e) could 
not be sustained as appropriate legislation to enforce the equal protection clause 
unless the judiciary decided that the application of the English literacy requirement 
prohibited by section 4(e) was forbidden by the equal protection clause itself."* 
The Court rejected this argument, stating : 

Neither the language nor history of sec. 5 supports such a construction. 
As was said with regard to sec. 5 in Ex Parte Virginia, 100 U.S. 339, "It is 
the power of Congress which has been enlarged. Congress is authorized to 
enforce the prohibitions by appropriate legislation. Some legislation is con- 
templated to make the amendments fully effective." A construction of sec. 5 
that would require a judicial determination that the enforcement of the State 
law precluded by Congress violated the Amendment, as a condition of 
sustaining the congressional enactment, would depreciate both congres- 
sional resourcefulness and responsibility for implementing the Amendment. 
It would confine the legislative power in this context to the insignificant role 
of abrogating only those state laws that the judicial branch was prepared to 
adjudge unconstitutional, or of merely informing the judgment of the 
judiciary by particularizing the "majestic generalities" of sec. 1 of the 
Amendment."" 

The Court held that section 4(e) was appropriate legislation under section 5 of 
the 14th Amendment, concluding that section 5 conferred upon Congress: 

the same broad powers expressed in the Necessary and Proper Clause, Art. 
I, sec. 3, cl. 18, as constructed by Chief Justice Marshall for the Court in the 
classic case of M'Culloch v. Maryland, 4 Wheat 316, 421, 4 L ed 579, 605: 
"Let the end be legitimate, let it be within the scope of the constitution, and 
all means which are appropriate, which are plainly adapted to that end, 
which are not prohibited, but consist with the letter and spirit of the con- 
stitution, are constitutional." "' 

"Correctly viewed", said the Court, "section 5 is a positive grant of legislative power 
authorizing Congress to exercise its discretion in determining whether and what 
legislation is needed to secure the guarantees of the Fourteenth amendment." ^^ 

Similarly, in United States v. Guest,^" six Justices of the Supreme Court indicated 
that Congress has the power, under section 5 of the 14th amendment, to reach 



'=^ 383 U.S. at 324. 

""384 U.S. 641 (1966). 

"'Sec.4(e),42U.S.C. 1973(e) (Supp. I, 1965). 

"" 384 U.S. at 644, 645. 

"" Id. at 648. 

"" Id. at 648, 649. 

"^Id. at 650. See also, Ex parte Virginia, 100 U.S. 391 (1880); Strauder v. 
West Virginia, 100 U.S. 303, 311 (1880); Virginia v. Rives, 100 U.S. 313, 318 
(1880); South Carolina v. Katzenbach, 383 U.S. 301, 326 (1966) (15th amend- 
ment); James Everard's Breweries v. Day, 265 U.S. 545, 558-559 (1924) (18th 
amendment). 

'*^ 384 U.S. at 651. 

"'383 U.S. 745 (1966). 

241 



actions of individuals designed to interfere with the attainment of 14th amendment 
rights, even though such individual action would not of its own force violate the 
amendment. Justice Brennan, speaking for himself and two other justices, charac- 
terized section 5 as "a positive grant of legislative power, authorizing Congress to 
exercise its discretion in fashioning remedies to achieve civil and political equality 
for all citizens." "* See also the opinion of Mr. Justice Black in Bell v. Maryland}*^ 

Thus, one branch of the Court's opinion in the Morgan case sustained congres- 
sional nullification of New York's English literacy requirement on the ground that 
Congress might have viewed its own measure as adapted to furthering the aim of the 
equal protection clause to secure nondiscriminatory treatment by the Government. The 
Court pointed out that even if the literacy requirement did not itself deny equal pro- 
tection, the practical effect of nullifying the requirement was to enfranchise large seg- 
ments of New York's Puerto Rican community. "This enhanced political power," said 
the Court, "will be helpful in gaining nondiscriminatory treatment in public services 
for the entire Puerto Rican community. Section 4(e) thereby enables the Puerto 
Rican minority better to obtain 'perfect equality of civil rights and equal protection 
of the laws.' " "« 

Like the Puerto Rican who was disfranchised in New York, the Negro student who 
attends a racially isolated school is not likely to achieve "perfect equality of civil rights 
and equal protection of the laws," whether or not the racial isolation itself is a denial of 
equal protection. Corrective congressional action readily may be viewed as adapted 
to securing equal educational opportunity by eliminating the conditions which render 
the education received by most Negroes inferior to that afforded most white chil- 
dren. Such conditions involve, in part, the harmful effects upon attitudes and 
achievement which racial and social class isolation appear to have on Negro students. 

But corrective congressional action also may be seen as a measure to enable Negroes, 
whose children now attend schools which, on the average, are more overcrowded 
and have less qualified teachers, more pupils per teacher, fewer library volumes per 
student, fewer science laboratories, and fewer advanced courses in science and 
language, to receive nondiscriminatory treatment in the provision of educational 
facilities. While the equal protection clause of its own force may require only that 
such disparities be eliminated. Congress, under the principles established in such 
recent decisions as South Carolina v. Katzenbach and Katzenbach v. Morgan, would 
be well within its discretion in concluding that such inequalities would be more firmly 
and fully uprooted by eliminating the underlying conditions, arising from the di- 
chotomy between predominantly white middle-class schools — attended by children 
with well-educated parents who exercise strong influence on school boards — and 
predominantly Negro slum schools — attended by children with poorly educated parents 
burdened by problems of material existence and less influential in school board policy 
which produce the disparities. 

B. The Power of Congress To Decide That Adventitious 
Segregation Violates the 14th Amendment 

Congress can and should conclude, moreover, that the equal protection clause of 
its own force invalidates adventitious school segregation. 

To be sure, the majority of the courts which have dealt with this question have 
ruled otherwise.^" But Congress may determine for itself what constitutes a vio- 
lation of the 14th amendment; it need not accept the judgment of any particular 
court, nor the views of the majority of the courts which have ruled on the 
issue. Just as Congress may lead the courts under the commerce clause in for- 
bidding certain kinds of State regulation, even though the courts have not done so 
of their own accord, so Congress, in exercising its discretionary powers under section 5 
of the 14th amendment, may determine that certain conduct involves a denial of 
equal protection of the laws, whether or not the courts have so concluded."^ 

"^ Id. at 784. 

^*=378U.S. 226, 318-346 (1964). 
"' 384 U.S. at 652, 653. 
"' See discussion, supra, at 214-218. 

^^ Indeed, Congress is the only body which the Constitution expressly authorizes 
to enforce the amendment. 

242 



I 

(1) The Congressional Power To Define the Scope of the Equal Protection Clause 

a. In the years immediately following the post-Civil War amendments, Congresses, 
which included many of the men who drafted and voted for the amendments, so 
construed their mandate. Although much of the civil rights legislation they enacted 
was procedural or remedial, it included provisions giving substance to the amend- 
ments. The 13th amendment — which contains an enforcement clause identical to 
the Fourteenth's — was implemented by the Civil Rights Act of 1866,"* which pur- 
ported to confer specific rights on the former slaves as an incident to their emancipa- 
tion.^^" The following year, in the Peonage Abolition Act,"* Congress defined 
"involuntary servitude" to include Mexican "peonage"."" Congress attempted to 
give content to the 15th amendment, which contains a comparable enforcement 
clause, in the Enforcement Act of 1870,"'' portions of which were struck down.^" 
One provision of that statute which still survives defines the scope of the constitutional 
exemption from racial discrimination in voting to include "any election by the people 
in any State, Territory, district, county, city, parish, township, school district, munici- 
pality or other territorial subdivision." '^ 

Definitional content also was given to the 14th amendment by post-Civil War 
Congresses. The Enforcement Act of 1870 — enacted under the "appropriate legis- 
lation" clause of the 14th amendment — construed the general provisions of the 
"equal protection," "due process," and "privileges and immunities" clauses of the 
14th amendment to cover the rights "to make and enforce contracts, to sue, be 
parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real 
and personal property, and to the full and equal benefit of all laws and proceedings 
for the security of persons and property . . . }^ Although some congressional efforts 
to extend equal protection were ruled excessive,"' others have survived, such as 
section 3 of the Act of 1871, which legislatively determined that a State's inability to 
protect the constitutional rights of "any portion or class" of its inhabitants in time of 
domestic violence "shall be deemed a denial by such State of the equal protection of 
the laws".^^ 

In 1875, Congress gave further content to the equal protection clause by pro- 
hibiting racial discrimination in the selection of juries — again reducing "the majestic 
generalities of the 14th amendment ... to a concrete statutory command.""* De- 
cisions of the Supreme Court sustaining this legislation accord great respect to the 
congressional determination that racial discrimination in jury selection offends the 
equal protection clause "" — a conclusion not compelled by the historical evidence of 



"* 14 Stat. 27 (1866). 

"" Civil Rights Cases, 109 U.S. 3, 33 { 1883) (dissenting opinion). 

"' 14 Stat. 546 (1867), 18U.S.C. §444 (1952). 

"-See Clyatt v. United States, 197 U.S. 207 (1905) ; Pollock v. Williams, 322 U.S. 
4(1944). 

*^ 16 Stat. 140 (1870). 

"' United States v. Reese, 92 U.S. 214 (1876) ; James v. Bowman, 190 U.S. 127 
(1903). 

^■'^ See 42 U.S. C. S 1971 (a) (1952). 

*^ 14 Stat. 27 (1870). See 42 U.S.C. §§ 1981, 1982 (1952). Buchanan v. War- 
ley, 2i5 U.S. 60 (1917) ; Shelley v. Kraemer, 33^ U.S. 1 (1948). 

"' See sec. 2 of the Ku Klux Klan Act of April 20, 1871 (17 Stat. 13), invalidated 
in United States v. Harris, 106 U.S. 629 (1883), and Baldwin v. Franks, 120 U.S. 678 
(1887) ; and sees. 1 and 2 of the Civil Rights Act of 1875 (18 Stat. 335, 336), de- 
clared unconstitutional in the Civil Rights Cases, 109 U.S. 3 (1883). The rationale 
of these cases — that sec. 5 of the 14th amendment authorizes Congress only to correct 
violations of the Amendment by States, and does not empower Congress under any 
circumstances to reach actions of individuals, has been discredited by the opinions of 
the six justices in Gueif, 383 U.S. 745 (1966). 

^^ 17Stat. 13, 14 (1871), lOU.S.C. 333 (1952). 

"* 18 Stat. 336 (1875) ; 18 U.S.C. 243 (1952) ; Fay v. New York, 332 U.S. 261, 
282 (1947). 

'""Strauder v. West Virginia, 100 U.S. 303 (1880); Ex parte Virginia, 100 U.S. 
339 (1880). 

243 



the intent of the framers.^" The Court's deference to the congressional judgment is 
reflected in the following passage from the opinion of the Court in Ex parte Virginia: 

All of the amendments derive much of their force from [the enforcement 
sections]. It is not said the judicial power of the general government shall 
extend to enforcing the prohibitions and to protecting the rights and im- 
munities guaranteed. It is not said that branch of the government shall be 
authorized to declare void any action of a State in violation of the prohibi- 
tions. It is the power of Congress which has been enlarged. Congress is 
authorized to enforce the prohibitions by appropriate legislation. Some 
legislation is contemplated to make the amendments fully effective. What- 
ever legislation is appropriate, that is, adapted to carry out the objects the 
amendments have in view, whatever tends to enforce submission to the pro- 
hibitions they contain, and to secure to all persons the enjoyment of perfect 
equality of civil rights and the equal protection of the laws against State 
denial or invasion if not prohibited, is brought within the domain of con- 
gressional power.^*" 

b. In Katzenbach v. Morgan, the Supreme Court specifically ruled that Congress 
may determine for itself that particular State action involves a violation of the 14th 
amendment, and upheld a congressional act which invalidated a State law on that 
ground even though a decision of a Federal court had upheld the constitutionality of 
the very State law in issue. In the Morgan case the Supreme Court sustained section 
4(e) of the Voting Rights Act on the alternative theory that Congress reasonably 
could have concluded that the New York requirement was an invidiously dis- 
criminatory voter qualification repugnant to the equal protection clause. Thus, the 
Court said that "the result is no different if we confine our inquiry to the ques- 
tion whether section 4(e) was merely legislation aimed at the elimination of an 
individious discrimination in establishing voter qualifications." ^^ Continuing, the 
Court declared : 

We are told that New York's English literacy requirement originated in the 
desire to provide an incentive for non-English-speaking immigrants to learn 
the English language and in order to assure the intelligent exercise of the 
franchise. Yet Congress might well have questioned, in light of the many 
exemptions provided, and some evidence suggesting that prejudice played 
a prominent role in the enactment of the requirement, whether these were 
actually the interests being served. Congress might have also questioned 
whether denial of a right deemed so precious and fundamental in our society 
was a necessary or appropriate means of encouraging persons to learn English, 
or of furthering the goal of an intelligent exercise of the franchise. Finally, 
Congress might well have concluded that as a means of furthering the 
intelligent exercise of the franchise, an ability to read or understand Spanish 
is as effective as ability to read English for those to whom Spansh-language 
newspapers and Spanish-language radio and television programs are avail- 
able to inform them of election issues and governmental affairs."* 

"[I]t is enough", said the Court, "that we perceive a basis upon which Congress 
might predicate a judgment that the application of New York's English literacy 
requirement to deny the right to vote to a person with a sixth grade education in 
Puerto Rican schools in which the language of instruction was other than English 
constituted an invidious discrimination in violation of the equal protection clause." ^^ 

By parity of reasoning, the Supreme Court would not disturb a congressional judg- 
ment that, to secure the guarantees of the 14th amendment to Negro children, it is 
necessary to correct segregation — adventitious or otherwise — in the schools and to 
override State laws or policies which stand as obstacles to the accomplishment of that 
objective. The Court would overturn such a congressional determination only if it 
failed to "perceive a basis upon which Congress might predicate a judgment . . ." "® 
that such segregation contravened the equal protection clause. As the Morgan case 

'" See Frank and Munro, "The Original Understanding of 'Equal Protection of the 
Laws,'" 50 Colum. L. Rev. 131, 145 (1950); Bickel, "The Original Understanding 
and the Segregation Decision," 69 Harv. L. Rev. 1, 56, 64-65 (1955). 

"MOO U.S. at 345, 346. 

'•" 384 U.S. at 653, 654. 

^"/rf. at 654, 655. 

"^Id. at 656. 

^""Ibid. 

244 



demonstrates, the validity of a congressional judgment that adventitious segrega- 
tion in the public schools violates the equal protection clause does not depend 
upon whether the Supreme Court has invalidated or would invalidate such segre- 
gation. Nor does it depend upon the holdings of particular lower Federal or 
State courts which have passed upon the question. In Morgan, a decision of a New 
York Federal court had held valid the very New York English literacy requirement 
which was nullified by section 4 ( e ) .^"^ 

If anything, the power of Congress to adopt corrective measures is stronger than 
it was in Morgan. The virtues of the neighborhood school policy are far more 
debatable than the clear interest of New York State in maintaining an electorate 
literate in the English language. In Morgan, there was virtually no legislative 
record to support the congressional determination that section 4(e) was necessary 
to secure 14th amendment rights. The facts in the present report and in the survey 
of the Office of Education, on the other hand, afford ample basis for concluding that 
adventitious school segregation has damaging effects on Negro children. The legal 
basis for a congressional determination that such segregation violates the equal pro- 
tection clause, moreover, is much clearer than the legal basis for the hypothesized 
congressional determination that New York's English literacy test infringed the equal 
protection ban — a determination which would have required Congress to disregard 
or distinguish a Supreme Court decision upholding the constitutionality of a North 
Carolina English literacy test.'"" 

(2) The Question of State Action 

The 14th amendment of its own force protects the individual only against action 
by the State; "individual invasion of individual rights is not the subject matter 
of the amendment." ^*° But it is plainly the agents of the State and of its political sub- 
divisions who select school sites, define attendance areas, and assign Negro children 
to schools in which they are racially isolated."" As reflected in chapter 2 of this report, 
moreover, school boards make many discretionary decisions which affect the degree 
of racial isolation in the schools. 

The responsibility is not the State's alone. Private discrimination (along with 
governmental action''^) is instrumental in confining the Negro to the ghetto. Were 
it not for such confinement the neighborhood school policy might not result in racial 
segregation. But ". . . the involvement of the State need [not] be exclusive. . . . 
In a variety of situations the Court has found State action of a nature sufficient to 
create rights under the equal protection clause even though the State action was only 
one of several cooperative forces leading to the constitutional violation." "" 

(3) The Rationale of Brown v. Board of Education 

In Brown v. Board of Education,'^'' the Supreme Court ruled that State statutes 
compelling or expressly permitting the assignment of students on the basis of race 
are unconstitutional. The rationale of the Brown opinion, however, was not that 
the States involved had classified invidiously by imposing racial separation in the 
schools. On the contrary, the entire thrust of the opinion is that such segregation 
produces schools which are unequal, and that under the equal protection clause of 

"" Camacho v. Rogers, 199 F. Supp. 155 (S.D.N.Y. 1961 ). 

'^Lassiter v. Northampton Election Board, 360 U.S. 45 (1959). 

'""The Civil Rights Cases, 109 U.S. 3, 11 (1883). 

"" Indeed, in all but two States, attendance of a child at the assigned school is not 
even a voluntary matter. Every State save Mississippi and South Carolina has a 
compulsory school attendance law. While theoretically such a law may be satisfied 
by admission to an accredited private school, to the vast majority of Negro children- 
unable to afford the tuition at a private school — the compulsory attendance law is 
tantamount to a law compelling attendance at the public schools to which they are 
assigned. See Wright, "Public School Desegregation: Legal Remedies for De Facto 
Segregation," 16 W. Res. L. Rev. 478, 488 ( 1965) . 

'" See infra, at 235-237. 

"-United States v. Guest, 383 U.S. 745, 755-56 (1966). See also Shelley v. 
Kraemer, 334 U.S. 1 (1948) ; Burton v. Wilmington Parking Authority, 365 U.S. 715 
(1960) ; Lombard v. Louisiana, 373 U.S. 267 (1962) ; Griffin v. Maryland, 378 U.S. 
130 (1963). 

"=> 347 U.S. 483 (1954). 

245 

243-637 O - 67 - 17 



the 14th amendment, public education, ". . . where the State has undertaken to 
provide it, is a right which must be made available to all on equal terms." "* 

The constitutional duty of a State to provide equal educational opportunity did 
not originate with the Brown decision. It was the basis of the many decisions ren- 
dered by the Supreme Court and by lower Federal courts in the three generations 
following Plessy v. Ferguson^^^ holding violative of the equal protection clause 
inequalities between Negro and white schools in buildings and other physical facili- 
ties, course offerings, length of school terms, transportation facilities, extracurricular 
activities, cafeteria facilities, and geographical conveniences.^'" In Missouri ex rel. 
Gaines v. Canada^'''' and in Sipuel v. Board of Regents^^^ the Supreme Court invali- 
dated school segregation where it was shown that the quality of the facilities 
provided for Negroes was unequal to the quality of the facilities afforded whites. 
The decisions were concerned with tangible inequalities. 

But in 1950 — four years before Brown — the Court made it clear that in determining 
whether equal educational opportunities have been afforded, the totality of the 
educational experience must be considered, and that this experience encompasses 
more than the brick and mortar of the educational institution attended and other 
tangible factors. In Sweatt v. Painter^'"' the Court ruled that Texas could not 
provide Negro law students with equal educational opportunity if they were con- 
fined to a segregated law school. Although it noted that the physical facilities at 
the University of Texas Law School were superior to those at the Negro law school, 
the Court stressed that "what is more important" is the fact that the University of 
Texas Law School "possesses to a far greater degree those qualities which are inca- 
pable of objective measurement but which make for greatness in a law school." "" 
Among the vital immeasurable ingredients which the Court considered in comparing 
the white school with the separate Negro institution were the comparative "stand- 
ing in the community" of the two institutions and the exclusion from the Negro 
institution of members of racial groups which included most of the lawyers, judges, 
witnesses, jurors, and other public officials with whom the Negro law student would 
have to deal when he got out of law school.'*^ 

"*/^. at 493. See, e.g., Sweatt v. Painter, 339 U.S. 629 (1950); McLaurin v. 
Oklahoma State Regents for Higher Education, 339 U.S. 637 (1950) . 
"M63 U.S. 537 (1896). 

'"'See, e.g., Sipuel v. Board of Regents, 332 U.S. 631 (1948); Missouri ex rel. 
Gaines v. Canada, 305 U.S. 337 (1938) ; Gong Lum v. Rice, 275 U.S. 78 (1927) ; 
Carter v. School Board, 182 F. 2d 531 (4th Cir. 1950); Davis v. County School 
Board, 103 F. Supp. 337 (E.D. Va. 1952), rev'd sub nom. Brown v. Board of Edu- 
cation of Topeka, 347 U.S. 483 (1954); Butler v. Wilemon, 86 F. Supp. 397 
(N.D. Tex. 1949); Pitts v. Board of Trustees, 84 F. Supp. 975 (E.D. Ark. 1949); 
Freeman v. County School Board, 82 F. Supp. 167 (E.D. Va. 1948), aff'd, 171 F. 2d 
702, (4th Cir. 1948). See also Leflar and Davis, "Segregation in the Public 
Schools— 1953," 67 Harv. L. Rev. 377, 430-35 (1954); Howoritz, "Unseparate but 
Unequal — The Emerging Fourteenth Amendment Issue in Public School Education," 
13 UCLA L. Rev. 1147, 1149 (1966). 
^"305 U.S. 337 (1938). 
"«332 U.S. 631 (1948). 
'™339 U.S. 629 (1950). 
"" Id. at 634. 
^" The Court said: 

Moreover, although the law is a highly learned profession, we are well 
aware that it is an intensely practical one. The law school, the proving 
ground for legal learning and practice, cannot be effective in isolation from 
the individuals and institutions with which the law interacts. Few students 
and no one who has practiced law would choose to study in an academic 
vacuum, removed from the interplay of ideas and the exchange of views with 
which the law is concerned. The law school to which Texas is willing to 
admit petitioner excludes from its student body members of the racial groups 
which number 85 percent of the population of the State and include most of 
the lawyers, witnesses, jurors, judges, and other officials with whom petitioner 
will inevitably be dealing when he becomes a member of the Texas bar. With 
such a substantial and significant segment of society excluded, we cannot 
conclude that the education offered petitioner is substantially equal to that 
which he would receive if admitted to the University of Texas Law School. 
Ibid. 

246 



Similarly, in McLaurin v. Oklahoma State Regents for Higher Education^^- the 
Court required that a Negro admitted to a white graduate school be treated like 
all other students not segregated within the school. Again the Court relied upon 
"intangible considerations," including "his ability ... to engage in discussions and 
exchange views with other students. ..." "^ The right of the Negro student to 
associate freely with his white peers was deemed indispensable to equal educational 
opportunity. 

The Court in Brown ruled that school segregation, which it had invalidated in 
Sweatt and McLaurin upon the particular showing of harm demonstrated in those 
cases, was universally detrimental to Negro children. Quoting from those cases 
passages in which the Court had stressed the intangible considerations which go into 
the equal education equation, including association with white student^ the Court in 
Brown declared that "such considerations apply with added force to children in 
grade and high schools. To separate them from others of similar age and qualifica- 
tions solely because of their race generates a feeling of inferiority as to their status 
in the community that may affect their hearts and minds in a way unlikely ever to be 
undone." ^^* The Court added that "the effect of this separation on their edu- 
cational opportunities" was "well stated" in the following finding of the lower court 
in one of the cases which the Supreme Court was reviewing (the Kansas case) : 

Segregation of white and colored children in public schools has a detri- 
mental effect upon the colored children. The impact is greater when it 
has the sanction of the law; for the policy of separating the races is usually 
interpreted as denoting the inferiority of the Negro group. A sense of 
inferiority affects the motivation of a child to learn. Segregation with the 
sanction of law, therefore, has a tendency to [retard] the educational and 
mental development of Negro children and to deprive them of some of the 
benefits they would receive in a racial[ly] integrated school system.^*^ 

The emphasis in Brown is on the importance to the Negro child of association with 
white contemporaries — a need which it found even greater than the need of the law 
student in Sweatt and the graduate student in McLaurin. It is difficult to believe that 
the Court in Brown was attributing all of the psychological and motivational dis- 
advantage which it cited to the circumstances of State compulsion.'*" As the court 
in Blocker v. Board of Education (Manhasset) said with regard to elementary school 
children: 

We are dealing with children in Grades K through 6; i.e., from age 5 
to 11. They see themselves living in an almost entirely Negro area and 
attending a school of similar character. If they emerge beyond the confines 
of the Valley area into the District at large, they enter a different world 
inhabited only by white people. They are not so mature and sophisticated 
as to distinguish between the total separation of all Negroes pursuant to a 
mandatory or permissive State statute based on race and the almost identical 
situation prevailing in their school district. The Valley situation generates 
the same feeling of inferiority as to their status in the communty as was 
found by the Supreme Court in Brown to flow from substantially similar 
segregation by operation of State law.^'^ 



"^339 U.S. 637 (1950). 

^^/</. at 641. 

"* 347 U.S. at 494. 

^'^ Ibid. 

^"^ In deciding that "separate facilities are inherently unequal," the Court in 
Brown found its opinion "amply supported by modern authority," 347 U.S. 483, 
494, n. 11. Four of the six references contain findings not limited to de jure 
segregation. Frazier, The Negro in the United States 674-81 (1949); Witmer & 
Kotinsky, Personality in the Making 136-37 (1952); Clark, "Effect of Prejudice 
and Discrimination on Personality Development, Children's Bureau, Federal Security 
A-gency" (1950) (mimeographed) ; Brameld, "Educational Costs," in Discrimination 
and National Welfare (Maclver ed. 1949). 

'«' 226 F. Supp. 208, 229 (E.D. N.Y. 1964) . See also Booker v. Board of Education, 
45 N.J. 161, 212 A. 2d 1, 5 (1965) ; Morean v. Board of Education of Montclair, 42 
N.J. 237, 200 A. 2d 97 (1964); In re Skipwith, 14 Misc. 2d 325, 180 N.Y.S. 2d 
852, 866 (Dom. Rel. Ct. 1958). 

247 



In Brown, the Court recognized that segregation, even absent sanction by statute, 
harms Negro children. The passage it quoted with approval from the lower court 
opinion in the Kansas case acknowledged the "detrimental effect" of "segregation of 
white and colored children in public schools" upon the Negro children, stressing only 
that "the impact is greater when it has the sanction of law." ^^ 

The facts in this report support the view that school segregation of Negro and 
white students — with or without the sanction of law — harms Negro students ^^^ by ad- 
versely affecting both their attitudes and achievement. Negro pupils attending pre- 
dominantly Negro schools tend to have lower educational aspirations, more frequently 
feel that they are unable to control their own destinies, have a poorer self-image, 
and have teachers with lower expectations, than similarly situated Negro students 
attending predominantly white schools. These differences are associated partly with 
differences in the respective social class levels of the average predominantly Negro 
and the average predominantly white school — differences which, given the relatively 
small Negro middle class — cannot be erased without school integration. 

Beyond this, however, a major factor in these differences is racial isolation itself, 
even when social class factors are held constant. Just as segregation imposed by law 
was held in Brown to create feelings of inferiority among students affecting their 
motivation and ability to learn, so there is evidence that adventitious segregation 
is attended by a stigma which has comparable effects. The superior "standing 
in the community" of the white law school in Sweatt v. Painter ^^ — a superiority 
which the Court ruled in conflict with the equal protection clause — is echoed in the 
superior reputation of predominantly white elementary and secondary schools as 
compared to similar institutions which are predominantly Negro and in the eyes of 
the community as well as in the eyes of the teachers and students, stigmatized. The 
deprivation of educational contact with the majority group which the Court deemed 
so important in Sweatt because that group included most of the lawyers, jurors, 
judges, witnesses and officials with whom a lawyer inevitably deals, finds its analogue 
in the limited opportunity for educational association with members of the majority 
group available to Negro students in predominantly Negro elementary or secondary 
schools. Lack of contact with white persons impairs the ability of the Negro student 
to relate to members of a group with whom he later may have to associate to achieve 
success in the job market and in other areas of life. 

(4) The Responsibility of the State for the Denial of Equal Educational 
Opportunity 

The inequality of educational opportunity which Negroes receive in predominantly 
Negro public schools — inequality which, as has been shown, is attributable in part 
to "State action" — violates the equal protection clause if, in the circumstances, the 
State fairly can be said to be responsible for the inequality.^" To resolve this issue, 
it it not enough to inquire into the motives of the State and local school authorities. 
A discriminatory motive may be relevant in establishing a violation of the equal pro- 
tection clause, but it is not a prerequisite. 

It long has been held that the validity of a statute may be, and traditionally is, 
"tested by its operation and effect." ^*" A law nondiscriminatory on its face may 
be grossly discriminatory in its operation."' Thus, discriminatory motive has not 
been an issue in the Supreme Court's invalidation of statutes weighing more heavily 



^^ 347 U.S. at 494 [Emphasis added]. 

"* See chap. Ill of this report. 

^* 339 U.S. at 634. 

^"^ Burton v. Wilmington Parking Authority, 365 U.S. 715, 721 (1961) ; Shelley v. 
Kraemer, 334 U.S. 1, 13 (1948). 

'"-Douglas V. California, 372 U.S. 353 (1963) ; Near v. Minnesota, 283 U.S. 697, 
708 (1931) ; Griffin v. Illinois, 351 U.S. 12, 17, n. 11 (1956) ; Guinn v. United States, 
238 U.S. 347 (1915) ; Bailey v. Alabama, 219 U.S. 219, 244 (1911) ; Home Insurance 
Co. v. New York, 134 U.S. 594, 598-599 ( 1890) ; Henderson v. Mayor of New York, 
92U.S. 259, 268 (1876). 

"^ Griffin v. Illinois, supra; Guinn v. United States, supra; Lane v. Wilson, 307 U.S. 
268 (1939); Gomillion v. Lightfoot, 364 U.S. 339 (1960). 

248 



on poor persons than on persons of means."* In ruling that the imposition of a poll 
tax was violative of the equal protection clause, the Court in Harper v. Virginia 
State Board of Elections, ^'^ looked not to the motive of the tax but to its impact 
on the poor. In Baker v. Carr "*" w^here the Court took jurisdiction in a reappor- 
tionment case, the Court was concerned not with the motives of the State legislature, 
but with its failure, over a period of 60 years, to reapportion seats in the legislature 
notwithstanding shifts in population which produced an imbalance in the allocation 
of those seats — a situation comparable to the inaction of school authorities, in the 
face of population shifts producing changes in the racial composition of neighbor- 
hoods, which frequently is instrumental in intensifying racial imbalance in the 
schools."' 

It would be a strange rule which would demand a showing that an administrative 
rule or policy unequally affecting a particular class of people is the product of a 
discriminatory purpose, even though a discriminatory purpose is not a prerequisite 
to a determination that a challenged statute contravenes the equal protection clause. 
As a Federal court said in another context, "The Constitution is made of sturdier 
stuff." "* Thus, in invalidating a transfer provision in a desegregation plan, the 
Supreme Court said that "no official transfer plan or provision of which racial segre- 
gation is the inevitable consequence may stand under the 14th amendment," "" 



"*See, e.g.. Griffin v. Illinois, 351 U.S. 12 (1956) ; Douglas v. California, 372 U.S. 
353 (1963). 

In Rinaldi v. Yeager, 384 U.S. 305 (1966), a prisoner serving a sentence was 
allowed to file an appeal in forma pauperis and was furnished a transcript. The 
appeal was unsuccessful. Acting under New Jersey law, prison officials withheld 
his prison pay to reimburse the county for the cost of the transcript. Without find- 
ing that the law was motivated by a discriminatory purpose, the Supreme Court 
found a violation of equal protection in that New Jersey did not impose this financial 
burden upon all convicted defendants whose appeals had been unsuccessful. The 
burden was not placed on defendants who received a suspended sentence, who were 
placed on probation or who were sentenced to pay a fine. 

In another recent case, Baxstrom v. Herold, 383 U.S. 107 (1966), the petitioner 
was convicted of second degree assault and sentenced to 2% to 3 years in prison. 
He was certified insane by a prison physician and sent to a State hospital. After the 
expiration of his sentence he was kept at the same hospital. The Supreme Court 
held that the petitioner was denied equal protection of the laws by the statutory 
procedure under which his commitment was continued at the institution for the 
mentally ill. The Court pointed out that he was "civilly committed at the expira- 
tion of his penal sentence without the jury review available to other persons civilly 
committed in New York" and he was committed to an institution for the dangerously 
mentally ill "beyond the expiration of his prison term without a judicial determination 
that he . . . [was] dangerously mentally ill such as that afforded to all so committed 
except those . . . serving the expiration of a penal sentence." The Court said that 
the State could not arbitrarily withhold the review proceeding, generally available, 
from some. The unequal operation of the statute was sufficient to sustain a viola- 
tion of equal protection without any finding of intentional discrimination. 

""383 U.S. 663 (1966). 

""369 U.S. 186 (1962). 

"' See also, Reynolds v. Sims, 377 U.S. 533 ( 1964) ; Gray v. Sanders, 372 U.S. 368 
{\9^?>);Wesberryw. Sanders, ?,1^\].S. 1 (1964). In He arne v. Smylie, 22b Y. ?>\iy>y>- 
645 (D. Idaho 1964), a Federal district court held that the Idaho Constitution and 
statutes "providing for the apportionment and manner of election of State legislators" 
did not violate the Fourteenth Amendment because, among other reasons, the State 
Legislature did not pass the legislation with any intent to discriminate (Id. at 650, 
651). The U.S. Supreme Court reversed per curiam, 378 U.S. 563 (1964), citing 
Ba^^r, 369 U.S. 186 (1962) d>.nd Reynolds, supra. InHornsbyv. Allen,?>2^Y.2dmb, 
611 (5th Cir. 1964), the Fifth Circuit pointed out that in Baker v. Carr, "the gist of 
the complaint was merely a denial of equal protection through gradual shifts in 
population, although it was alleged that the original 1901 apportionment was arbitrary 
and capricious. Hence it is at least doubtful that an allegation of an intentional and 
purposeful discrimination is necessary to sustain civil rights jurisdiction, even where 
founded on a denial of equal protection." 

"'C/. Blocker v. Board of Education, (Manhasset) 226 F. Supp. at 223. 

'■« Goss v. Board of Education, 373 U.S. 683, 689 ( 1963 ) . 

249 



Fairness may require that a governmental official who, without malice, has created 
an unreasonable classification, should not be held liable in damages.""" Similarly, 
it may be unfair to imjx)se criminal punishment upon a public official unless he has 
been guilty of intentional misconduct.*"' But as one commentator has noted, "A con- 
stitutional guarantee of equal treatment at the hands of government should not be 
rendered ineffective because State administrative officials who make classifications 
are not malicious but only bumbling." ""^ 

Under recent Fifth Circuit decisions, where Negroes constitute a significant element 
of the community, the jury commissioners are under the duty of consciously including 
Negroes on the venires. The logical implication is that the constitutional validity 
of a juror selection technique will be determined by its ejects, i.e., whether Negroes 
are fairly represented on juries, and will not depend upon a showing of a discrimina- 
tory purpose. ^'^ 

Similarly, speaking of the extent to which the 14th and 15th amendments reach 
primary election machinery prescribed by party rule after repeal of a State's primary 
laws, the United States Court of Appeals for the Fourth Circuit stated that "No elec- 
tion machinery can be upheld if its purpose or efect is to deny to the Negro, on 
account of his race or color, any effective voice in the government of his country or 
the State or community wherein he lives." °"* 

State courts also have indicated that administrative actions of public officials may 
violate the equal protection clause because of their discriminatory effect even in the 
absence of a showing of discriminatory purpose. In In re Skipwith^'^ the court held 
that Negro students attending a predominantly Negro school were denied equal pro- 
tection of the laws when it was found that their school had a substantially smaller 
proportion of regularly licensed teachers than white schools. The court stated that 
the discriminatory staffing had resulted from voluntary selection of schools by teachers. 
But the court held the Board of Education legally responsible for the inequity since 
it had "done substantially nothing to rectify a situation it should never have allowed 
to develop . . . and with which it has had ample time to come to grips . . . ." '"" 
The court did not find, and did not look for, a discriminatory purpose.^"^ 



^"^ S^c Snowdenv. Hughes,?>2\\J.S. 1 (1944). 

="* See Screws v. United States, 325 U.S. 91 ( 1945) . 

°"^ Horowitz, Unseparate But Unequal — The Emerging Fourteenth Amendment 
Issue in Public School Education, 13 UCLA L. Rev. 1147, 1152 (1966). The author 
notes that although in earlier decisions the Supreme Court, considering attacks on tax 
assessments under the equal protection clause, articulated a requirement that inten- 
tional discrimination be proved, Sunday Lake Iron Co. v. Township of Wakefield, 
247 U.S. 350 (1918) and Mackay Telegraph and Cable Co. v. City of Little Rock, 
250 U.S. 94 (1919), the Court's discussion in those cases ranged well beyond a deter- 
mination that no discriminatory purpose had been established and in effect inquired 
into the reasonableness of the classifications which the State officials had made by the 
assessments. The Sunday Lake and Mackay cases, as well as Snowden v. Hughes, 
supra, moreover, each were concerned with State action which allegedly deprived an 
individual rather than a class, of equal protection. The court may have been con- 
cerned with the workability of a rule which required a State to consider the impact of 
legislation upon the particular circumstances of every affected individual, as distin- 
guished from its effect on classes of similarly situated persons. Unlike a tax assess- 
ment, a school-assignment policy is a rule of general applicability, which cannot 
logically be distinguished from a statute in determining whether a discriminatory pur- 
pose is a prerequisite to its invalidity under the equal protection clause. 

"^^ Brooks v. Beto, 366 F. 2d 1 (5th Cir. 1966), Mack v. Walker, 2-3, Civ. No. 
21993, 5th Cir., Sept. 26, 1966. 

""'Rice v. Elmore, 165 F. 2d 387, 392 (4th Cir. 1947) cert, denied, 333 U.S. 875 
(1948) (emphasis added). See also, Baskin v. Brown, 174 F. 2d 391 (4th Cir. 1949). 

'"" 14 Misc. 2d 325, 180 N.Y.S. 2d 852 (Dom. Rel. Ct. 1958) . 

="" Id. at 343, 180 N.Y.S. 2d at 871. 

="'Cf. People V. Collins, Al Misc. 2d 210, 261 N.Y.S. 2d 970 (Orange County Ct. 
1965), holding that an indigent defendant is denied equal protection of the laws when 
upon conviction, a judge sentences him either to pay a fine or be imprisoned. The 
issue in Collins, as it was v^dth the challenged administrative action in Skipwith, was 
one of effect, not motive. Cf. Rice v. Elmore, 165 F. 2d 387 (4th Cir. 1947) cert, 
denied, 333 U.S. 875 (1941). Because of their poverty, indigent defendants effec- 
tively are denied the alternative of paying a fine. 

250 



It may be argued that the equal protection clause does not invalidate every act of 
the State w^hich falls more heavily on one group than upon another. For example, 
a State may apply racially neutral quialifications for admission to the practice of 
medicine, which affect all unqualified applicants, white and Negro, in the same way, 
but which disadvantage the Negro not because he is Negro but because he 
lacks the requisite training. But there are important distinctions between this case 
and racial isolation in the schools. In the case cited, it is the characteristics of the 
individual affected which makes the law bear more heavily upon him. In the case 
of the racially isolated school, it is the characteristic of the school to which the in- 
dividual is assigned by the State, i.e., the racial composition of that school, which 
creates the unequal burden. 

In the case cited, moreover, the harm to the Negro occurs not because of his race 
but because of other factors. By contrast, attendance at a predominantly Negro 
school harms a Negro child, at least in part, because of his race. A white child 
similarly situated in all nonracial respects, and required to attend the same school, 
would not be affected in the same way. Thus, even where racial considerations play 
no part in the purpose or motivation of the school board's policy, or the means chosen 
to implement it, the operative effect of that p>olicy is racially discriminatory in a 
literal sense — contrary to the historic purposes of the 14th amendment. 

(5) The Supremacy of the 14th Amendment Over Conflicting State Policies 

a. If rights under the equal protection clause are being denied or require vindication, 
Congress can provide a remedy. It is immaterial that there may be a rational basis 
for the policy that the State is following in producing the inequality. 

Thus, the constitutional question does not depend on whether the neighborhood 
school policy is rational. Rationality cannot validate the inequality of educational 
opportunity which the neighborhood school perpetuates. Where the State grants 
a right of fundamental importance, it must grant the right equally to all persons 
within its jurisdiction. A State imposed inequality respecting such a right cannot 
be justified on the ground that the policy behind the inequality is reasonable.^' 

There can be no serious dispute concerning the fundamental importance of educa- 
tion. As the Supreme Court said in Brown, "in these days, it is doubtful that any 



"^^ Reynolds v. Sims, 377 U.S. 533 (1964) (right to vote in a State election); 
Griffin v. Illinois, 351 U.S. 12 (1956) (right of indigent defendent to adequate 
appellate review); Douglas v. California, 372 U.S. 353 (1963) (right of indigent 
defendant to assistance of counsel on appeal) ; Rinaldi v. Y eager, 384 U.S. 305 
(1966); Carrington v. Rash, 380 U.S. 89 (1965); Harper v. Virginia State Board 
of Elections, 383 U.S. 663 (1966) ; Skinner v. Oklahoma, 316 U.S. 535 (1942). 

In Reynolds v. Sims, 377 U.S. 533, 581 ( 1964), the Supreme Court, having stressed 
the "fundamental" nature of the right to vote, and having emphasized that the case, 
like Skinner v. Oklahoma, 316 U.S. 535, "touche[d] a sensitive and important area 
of human rights," 377 U.S. at 561, said: "But if, even as a result of a clearly rational 
state policy of according some legislative representation to political subdivisions, 
population is submerged as the controlling consideration in the apportionment of 
seats in the particular legislative body, then the right of all of the State's citizens 
to cast an effective and adequately weighted vote would be unconstitutionally 
impaired." In the following other cases involving important rights, the Court has 
held repugnant to the 14th amendment obviously rational State policies: 

In Griffin v. Illinois, 351 U.S. 12 (1956), the Court struck down a State policy 
of refusing to provide a trial transcript to an indigent defendant for purposes of a 
criminal appeal. The rational basis of that policy was to expend available funds in 
the most effective way by providing transcripts to indigents only in more serious cases. 

Douglas V. California, 372 U.S. 353 (1963) invahdated a California policy of 
appointing counsel for indigent defendants who sought to apxpeal only when the 
appellate court concluded after examining the record that there was sufficient reason 
to provide counsel. The rational basis for that policy was to distinguish between 
frivolous and non-frivolous appeals in the expenditure of public funds for the appoint- 
ment of counsel. 

In Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966), where the 
poll tax was held unconstitutional, a minority of the Court pointed out that there 
was a rational basis for the tax in the State's desire to collect revenue and its belief 

251 



child may reasonably be expected to succeed in life if he is denied the opportunity 
of an education." Just as it subsequently held with respect to the right to vote in 
a State election and the right to appeal a criminal prosecution, the Court, in Brown 
held that the right to an education, "where the state has undertaken to provide it, 
is a right which must be made available to all on equal terms." "™ 

b. Thus, historical vintage cannot afTord a justification for infringement of the right 
to equal educational opportunity. Some courts, like the district court in Bell, have as- 
serted that "the neighborhood school which serves the students within a prescribed dis- 
trict is a long and well established institution in American public school education." ^° 
Even if this claim were true (but see infra) it could not validate 
inequality of educational opportunity resulting from application of the neighborhood 
school policy. As Mr. Justice Frankfurter observed in Cooper v. Aaron, "local cus- 
toms, however hardened by time, are not decreed in heaven." "*^ And as one court has 
said : "The neighborhood school policy certainly is not sacrosanct. It is valid only inso- 
far as it is operated within the confines established by the Constitution." ^' In the 
Maryland reapportionment case the Supreme Court rejected the view that ". . . con- 
siderations of history and tradition . . . provide a sufficient justification for the sub- 
stantial deviations from population-based representation" in both houses of the Mary- 
land Legislature which the Court held violative of the equal protection clause." ^^ 
Similarly, in holding departures from population-based representation in the Colorado 
Senate repugnant to the equal protection guarantee, the Court refused to accept the 
contention that historical considerations afforded adequate justification for the 
substantial disparities.^* 

In any event, history discloses no consistent pattern under which children have 
been assigned to schools in their neighborhoods. For example, in 1872, a Negro 
parent brought suit in State court to require the Albany School Board to admit his 
child to the school nearest his home. The board demanded that the child attend a 
more distant, all-Negro school. The court declared : 

Now it is to be observed that in Albany there are no school districts, unless 
the whole city is one district. In the country, as is well known, there are 
school districts, and the children residing in each district are entitled to 
attend the public schools therein. But it was not claimed by the relator 
that there is any law making a certain part of this city the district belong- 
ing to a particular school. I am unable to find such a law. No school 
districts have existed here for many years, so far as I can judge by the 
statutes.^^ 

Upholding the power of the school board to establish racial attendance areas, the 
court observed that "The schools of Albany are the schools of the whole city. . . . The 
school which is nearest to his [an inhabitant's] residence is no more his than that 
which is most distant." ^^ 

From 1870 to 1900, Boston school authorities, for reasons of economy, deliberately 
built new schools in areas removed from the center of "neighborhoods." "" In 
Hempstead, N.Y., geographical attendance zones were established for the first time in 

that voters who pay a poll tax will be interested in furthering the State's welfare 
when they vote. 

In Rinaldi v. Yeager, 384 U.S. 305 (1966), the Court struck down a New Jersey 
statute permitting the State to withhold the pay of a prisoner to reimburse the county 
for the cost of a transcript in an unsuccessful appeal of his conviction. As in the 
Douglas case, the statute had a rational basis in the policy of deterring frivolous 
appeals. 

-""' Brown v. Board of Education 347 U.S. 483, 493 (1954) . 

"^"Bell v. School City of Gary, 213 F. Supp. 819, 829 (N.D. Ind.), aff'd, 324 F. 2d 
209 (7th Cir. 1963). 

=^358 U.S. 1,25 (1958). 

^"^ Taylor y. Board of Education ( New Rochelle ) , 191 F. Supp. 181, 195 (S.D. N.Y. 
1961 ) , aff'd, 294 F. 2d 36 (2d Cir. 1961 ) . 

'^^ Maryland Committee v. Tawes, 377 U.S. 656, 675 (1964). 

^* Lucas V. Forty-fourth General Assembly of Colorado, 377 U.S. 713, 738 (1964). 

'^People et rel. Dietz v. Easton, 13 Abb. Pr. Rep. N.S. (N.Y.) 159, 162 (1872). 

"^Ubid. 

^"Warner, "Streetcar Suburbs," The Process of Growth in Boston, 1870-1890 
(1962) 159. 

252 



1949.^' Before 1961, Newark, N.J. schools apparently were not geographically 
districted.^ Baltimore, like hundreds of Southern school systems, follows an open 
enrollment or free choice policy, under which students have a choice of schools. 

Nor has there been any consistent pattern of assigning children to schools in their 
"neighborhoods" even where school systems have employed geographic zoning. 
Geographic attendance areas were much larger at a time when the population was 
less dense and the school population was dispersed over a wide area. With increas- 
ing population density, school systems have telescoped attendance areas, but the 
purpose is to prevent overcrowding, not to afford children advantages supposedly 
stemming from attendance at a school in one's "neighborhood." The particular 
boundaries of geographic attendance areas have not been determined by the bound- 
aries of "neighborhoods" in the social sense, but have been born of convenience, so 
as to coincide with such barriers as natural boundaries, railroad tracks and highways 
Many school systems have abandoned so-called neighborhood schools where educa 
tional considerations — such as a need to eliminate racial imbalance — have so 
dictated. 

The "neighborhood school policy," on the other hand, often has served as a con- 
venient rationalization for refusing to integrate the schools. The ironic contradiction 
was noted by the Court of Appeals for the Fifth Circuit when in a recent case, the 
Mobile, Ala. School Board urged upon the court the importance of preserving the 
"neighborhood school" : 

Both in the testimony and in the briefs, much is said by the appellees 
about the virtues of "neighborhood schools." Of course, in the brief of the 
Board of Education, the word "neighborhood" doesn't mean what it usually 
means. When spoken of as a means to require Negro children to continue 
to attend a Negro school in the vicinity of their homes, it is spoken of as a 
"neighborhood" school plan. When the plan permits a white child to leave 
his Negro "neighborhood" to attend a white school in another "neighbor- 
hood" it becomes apparent that the "neighborhood" is something else 
again. As every member of this court knows, there are neighborhoods in 
the South and in every city of the South which contain both Negro and 
white people. So far as has come to the attention of this court, no board 
of education has yet suggested that every child be required to attend his 
"neighborhood school" if the neighborhood school is a Negro school. Every 
Board of Education has claimed the right to assign every white child to a 
school other than the neighborhood school under such circumstances. And 
yet, when it is suggested that Negro children in Negro neighborhoods be 
permitted to break out of the segregated pattern of their own race in order 
to avoid the "inherently unequal" education of "separate educational facili- 
ties," the answer too often is that the children should attend their "neigh- 
borhood school." So, too, there is a hollow sound to the superficially appeal- 
ing statement that school areas are designed by observing safety factors, 
such as highways, railroads, streams, etc. No matter how many such barriers 
there may be, none of them is so grave as to prevent the white child whose 
"area" school is Negro from crossing the barrier and enrolling in the nearest 
white school even though it be several inter\'ening "areas" away.""" 

Similarly, in 1965, in an Oklahoma City school desegregation suit, a Federal dis- 
trict court noted the historical willingness of the school authorities in that city to 
sacrifice the neighborhood school policy to preserve segregation."'' 



'^'Matter of School District No. 1, Village of Hempstead, 70 [N.Y.] State Dept. 
Rep. 108, 109 (1949). 

^" Hearings in Newark, N.J., before the U.S. Commission on Civil Rights, Sept. 1 1- 
12, 1962, p. 232. 

-^ Davis v. Board of School Commissioners of Mobile County, 364 F. 2d 896, 901 
(5th Cir. 1966) 

^ "The history of the Oklahoma [City] school system reveals that the Board's 
commitment to a neighborhood school policy has been considerably less than total. 
During the period when the schools were operated on a completely segregated basis, 
state laws and board policies required that all pupils attend a school serving their 
race which necessitated pupils bypassing schools located near their residences and 
traveling considerable distances to attend schools in conformance with the racial 
patterns. After the Brown decision and the Board's abandonment of its dual zone 
policy, a minority to a majority transfer rule was placed in effect, the express purpose 

253 



To sum up, there is no historical tradition under which school systems uniformly 
have assigned students to "neighborhood" schools. In any event, neither tradition nor 
rationality can afford a basis for upholding, notwithstanding the 14th amendment, a 
State policy affecting persons unequally with respect to a right of a fundamental nature. 
This is especially true of a State policy which has the efTect of discriminating against 
the very class of people who the 14th amendment was designed to protect.^^ 

(6) The Responsibility of the Federal and State Governments for Residen- 
tial Segregation 

There is still another basis upon which Congress could conclude that it is authorized 
by the Constitution to correct adventitious school segregation. 

Residential segregation, which, in conjunction with the neighborhood school 
policy and other discretionary policies of school boards is in large measure responsible 
for racial isolation in the schools, is a product of many factors, but racially dis- 
criminatory policies of both the Federal and State Governments have played a large 
role. 

a. A principal impetus to housing discrimination during the 1930's and 1940's — 
years of heavy migration of Negroes from the South to the North and suburban expan- 
sion — was the policy of the Federal Housing Administration. The 1935 and 1936 
Underwriting Manuals of the FHA recommended the insertion of racial covenants in 
deeds "^ and warned that "inharmonious racial or nationality groups" or "incompatible 
racial element[s]" would reduce the value of property."* The 1938 FHA Manual 
advised: "If a neighborhood is to retain stability, it is necessary that properties shall 
continue to be occupied by the same social and racial classes." "^ For a period of time 
even after the Supreme Court's decision in Shelley v. Kraemer (holding that judicial 
enforcement of such covenants was unconstitutional), FHA continued to treat racial 
integration of housing as a reason for denying benefits to an applicant.^^ The damage 
caused by FHA's policies was widespread. 

FHA's espousal of the racial restrictive covenant helped spread it throughout 
the country. The private builder who had never thought of using it was obliged 
to adopt it as a condition for obtaining FHA insurance. . . . 

FHA succeeded in modifying legal practice so that the common form of deed 
included the racial covenant. Builders everywhere became the conduits of 
bigotry. . . . 

The evil that FHA did was of a peculiarly enduring character. Thousands 
of racially segregated neighborhoods were built, millions of people re-assorted on 
the basis of race, color, or class, the differences built in, in neighborhoods from 
coast to coast.^' 

The active intervention of FHA on the side of racial restrictions constituted a 
violation of the 5th amendment, which contains a due process clause prohibiting 
the Federal Government from imposing racial classifications which deny equal pro- 
tection to Negroes.""' Even without a special delegation of authority. Congress has 
inherent power to implement, by positive legislation, a right granted or secured by 



of which was to enable pupils to transfer from the schools located nearest their 
residences, i.e., the neighborhood school, in order to enroll in schools traditionally 
serving pupils of their race, and located outside their immediate neighbor- 
hood. . . . Thus, it appears that the neighborhood school concept has been in the 
past, and continues in the present to be expendable when segregation is at stake." 
Dowell V. School Board (Oklahoma City), 244 F. Supp. 971, 977 (W.D. Okla. 1965) 
remanded on other grounds, civil No. 8523, 10th Cir., Jan. 23, 1967. 

"'See Strauder v. West Virginia, 100 U.S. 303 (1879). Slaughter-House Cases, 
16 Wall. 36, 67, 71-72 (1892). 

'^FHA Underwriting Manual, part II, §§ 309, 310 (1935) ; part II, § 228 (1936). 

'''Id. at part II, §310 (1935); part II, §266 (1936). See also part II, 
§§315,330 (1935) ; part II, §§ 229,252,284 (1936). 

^Id. at part II, §937 (1938). See also Part II, §§ 935, 951 (1938). 

==«334 U.S. 1 (1948). Abrams, Forbidden Neighbors, 233 (1955); Weaver, 
The Negro Ghetto, 71-73 (1948). 

^Abrams, Forbidden Neighbors 234-36 (1965). See also Weaver, The Negro 
Ghetto 71-73 (19^8) ; Abrams, The City Is the Frontier 61-62 (1965). 

""^ Boiling v. Sharpe, 347 U.S. 497 (1954). 

254 



the Constitution.*^ Congress reasonably could conclude that, in order to secure 5th 
amendment due process rights, it is necessary to require the States to insure that 
housing segregation, for which the Federal Government is in part responsible, is not 
compounded by reflection in the schools. To dispel the lingering effects of the 
Federal Government's past violations of the 5th amendment, Congress may require the 
correction of adventitious school segregation. This conclusion would be reasonable 
regardless of whether Congress could require the correction of such segregation absent 
the complicity of the Federal Government in segregated housing patterns. 

b. By the same token, support for congressional legislation also can be found in the 
power of Congress, under section 5 of the 14th amendment, to dispel school segrega- 
tion resulting from housing discrimination to which racially discriminatory action, 
and action otherwise in contravention of the 14th amendment, of non-school State 
agencies has contributed. Since Congress may prohibit conduct which is beyond the 
self-executing ban of the 14th amendment in order to enforce a right under the 
amendment against the State,^^ it may override State school laws or policies which 
cannot be disentangled from governmental violations of the 14th amendment in the 
housing area. 

Although local ordinances requiring residential segregation were held unconstitu- 
tional by the Supreme Court in 1917 {Buchanan v. Warley) ^'^ cities continued to 
enforce such ordinances for many years thereafter,"^ some even as late as the 1950's.^" 
In 1929, the Houston City Planning Commission recommended setting aside areas 
within the city for Negro residence,^ reasoning: 

. . . Negroes are a necessary and useful element in the population and suitable 
areas with proper living and recreation facilities should be set aside for them. 
Because of long established racial prejudices, it is best for both races that living 
areas be segregated. Segregation by zoning has been proven unconstitutional, 
therefore the best method is by mutual agreement.^^ 

The Commission then went on to recommend that three large areas, where Negroes 
already resided (San Felipe, the northeast portion of the fifth ward, and the southeast 
f>ortion of the fifth ward) be set aside. It also recommended developing smaller 
districts then inhabited by Negroes because "small districts, if properly located suit- 
able to white residence districts, furnish convenient living places for servants." ^ 
It is not known whether, or how, the Commission's recommendations were carried out. 
However, in 1960, the Negro population was concentrated in the three areas specified 
by the Commission, as well as in several other smaller areas.^" 

As the prohibition in Buchanan, supra, gradually took effect, the racial restrictive 
covenant gained widespread use. It was judicially enforced, particularly in the 



=-'See Strauder v. West Virginia, 100 U.S. 303, 310-11 (1880). This congres- 
sional power was settled in the decisions upholding the Fugitive Slave Acts of 1793 
and 1850 {Prigg v. Pennsylvania, 16 Pet. 539 (1842) ; Ableman v. Booth, 21 How. 
506 (1859) ) , and it is the necessary assumption of the cases upholding Federal legisla- 
tion protecting the right to vote in presidential elections — which the Constitution 
does not expressly empower Congress to regulate. Burroughs and Cannon v. 
United States, 290 U.S. 534 (1934). See also Ex parte Yarborough, 110 U.S. 651, 
658 (1884). 

^"See the opinion in United States v. Guest, 383 U.S. 745, 784 (1966). 

23oa245 U.S. 60 (1917). 

^Bowen v. City of Atlanta, 159 Ga. 145, 125 S.E. 199 (1924); Liberty Annex 
Corp. V. City of Dallas, 19 S.W. 2d 845 (Tex. Civ. App. 1929) ; Allen v. Oklahoma 
City, 175 Okl. 421, 52 P. 2d 1054 (1935); Clinard v. City of Winston-Salem, 217 
N.C. 119, 6 S.E. 2d 867 (1940). 

^-Birmingham v. Monk, 185 F. 2d 859 (5th Cir. 1950), cert denied, 341 U.S. 940 
(1951). See also Jimerson v. Bessemer, Civil No. 10054, N.D. Ala. (1962), where 
it was observed that the zoning ordinance had only been repealed "several years ago." 

'^ Report of the City Planning Commission, Houston, Tex., the Forum of Civics, 
Dec. 1929, pp. 25-28. 

=^ Id. at 25. 

"^ Id. at 25, 27. 

=="" Telephone interview with Prof. William McCord, Department of Sociology and 
Anthropology, Rice University, Dec. 21, 1966. 

255 



North,^' until 1948 when the Supreme Court held that State judicial enforcement 
of such a covenant violated the 14th amendment {Shelley v. Kraemer) .""'^ During 
the time that elapsed between Buchanan and Shelley, extensive use was made of the 
racially restrictive covenant. 

One writer has said that the failure of the courts to strike down racially restrictive 
covenants during this period : 

helped establish the current pattern of urban segregation and suburban ex- 
clusion which is accelerating racial tensions in American communities. Con- 
sidering that more than seven million houses were built in the 1920's during 
the Negro migration, only a small fraction of them for Negroes, the restrictive 
covenant may leave its influence upon American racial patterns and biases for 
generations ahead."^' 

In 1953 the Supreme Court, five years after Shelley, held that a State court may not, 
constitutionally, award damages for the violation of a racially restrictive covenant."" 
Although racially restrictive covenants no longer are enforceable, residential patterns 
established with the assistance of such covenants still persist.'" 

State and local governments also have discriminated on the basis of race in the 
administration of public housing projects. Only a generation ago, segregated projects 
for Negroes and whites were approved for Philadelphia."*" The constitutionality of 
such a program was still being litigated in Detroit in 1955."" Reports to the U.S. 



^' Covenants were court enforced in the following States: Alabama: Wyatt v. Adair, 
215 Ala. 363 (1926); California: Los Angeles Inv. Co. v. Gary, 181 Calif. 680 
(1919), Janss Investment Co. v. Walden, 196 Calif. 753 (1925), Wayt v. Patee, 205 
Calif. 46 (1928), Fair child v. Raines, 24 Calif. 812, 151 P. 2d 260 (1944), Stone v. 
Jones, 66 Adv. Calif. App. 313, 152 P. 2d 19 (1944), Burkhardt v. Lojton, 63 Calif. 
App. 2d 230, 146 P. 2d 720 (1943), Little Johns v. Henderson, 111 Calif. App. 115, 
295 Pac. 95 (1931) , Shideler v. Roberts, 69 Calii. App. 2d 549, 160 P. 2d 67 (1945); 
Colorado: Chandler v. Ziegler, 88 Colo. 1 (1930) , Steward v. Cronan, 105 Colo. 393 
(1940); Georgia: Dooley v. Savannah Bank & Trust Co., 199 Ga. 353 (1945); 
Illinois: Burke v. Kleiman, 111 111. App. 519, 534 (1934) ; Kansas: Clark v. Vaughan, 
131 Kans. 438 (1930); Kentucky: United Cooperative Realty Co. v. Hawkins, 269 
Ky. 563 (1937); Louisiana: Queensborough Land Co. v. Cazeaux, 136 La. 724 
(1915); Maryland: Meade v. Dennistone, 173 Md. 295 (1938), Scholtes v. Mc- 
Colgan, 184 Md. 480, 487-88 (1945) ; Michigan: Parmalee v. Morris, 218 Mich. 625 
(1922), Schulte v. Starks, 238 Mich. 102 (1927), Porter v. Barrett, 233 Mich. 373 
(1925), Malicke v. Milan, 320 Mich. 65, 30 N.W. 2d 440 (1948), Mrsa v. Reynolds, 
317 Mich. 632, 27 N.W. 2d 40 (1947), N.W. Civic Assn. v. Sheldon, 317 Mich. 416, 
27 N.W. 2d 36 (1947), Sipes v. McGee, 316 Mich. 614 (1947), rev'd, 334 U.S. 1; 
Missouri: Koehler v. Rowland, 275 Mo. 573 (1918), Porter v. Pryor, 164 S.W. 2d 
353 (Mo. \9A2), Porter V. Johnson, 232 Mo. App. 1150 (1938), Thornhillw. He-dt, 
130 S.W. 2d 175 (Mo. App. 1939), Swain v. Maxwell, 196 S.W. 2d 780, 355 Mo. 
448 (1946), Kraemer v. Shelley, 355 Mo. 814, 198 S.W. 2d 679 (1947), rev'd, 334 
U.S. 1 (1948), Weiss V. Leaon, 359 Mo. 1054, 225 S.W. 2d 127 (1949); New Jersey: 
Lion's Head Lake v. Brzezinski, 23 N.J. Misc. 290 (1945) ; New York: Ridgway v. 
Cockburn, 163 Misc. 511 ( 1937), Dury v. A^^^/y, 69 N.Y. Supp. 2d 677 (1942) Kemp 
V. Rubin, 188 Misc. 310 (1947) ; North Carolina: Vernon v. R. J. Reynolds Realty 
Co., 226 N.C. 58 (1946) ; Ohio: Parkins v. Trustees of Monroe Ave. Church, 79 Ohio 
App. 457 (1946), rev'd, 334 U.S. 813; Oklahoma: Lyons v. Wallen, 191 Okla. 567 
(1942), Hemsley v. Sage, 194 Okla. 669 (1944), Hemsley v. Hough, 195 Okla. 298 
(1945); Texas: Liberty Annex Corp. v. Dallas, 289 S.W. 1067 (1927); West Vir- 
ginia: White V. White, 108 W. Va. 128, 147 (1929); Wisconsin: Doherty v. Rice, 
240 Wise. 389 (1942); District of Columbia: Corrigan v. Buckley, 271 U.S. 323 
(1924), Torrey v. Wolfes, 6 F. 2d 702 (1925), Cornish v. O'Donoghue, 20 F. 2d 983 
(1929), Russell v. Wallace, 30 F. 2d 981 (1929), Edwards v. West Woodridge 
Theater Co., 55 F. 2d 524 (1931), Grady v. Garland, 89 F. 2d 817 (1937), Hundley 
v. Gorewitz, 132 F. 2d 23 (1942), Mays v. Burgess, 147 F. 2d 869 (1945), Bogan v. 
Saunders, 71 F. Supp. 587 (1947); Hurd v. Hodge, 82 App. D.C. 180, 162 F. 2d 
233 (1947),rev'd, 334 U.S. 24(1948). 

-"=^334 U.S. 1 (1948). 

"^ Ahrams, Forbidden Neighbors 220 (1955). 

'" Barrows v. Jackson, 346 U.S. 249 ( 1953 ) . 

"*^ See p. 20, supra. 

'^ Favors v. Randall, 40 F. Supp. 743 (E.D. Pa. 1941 ) . 

^"^ Detroit Housing Commissions. Lewis, 226 F. 2d 180 (6th Cir. 1955). 

256 



Commission on Civil Rights showed that segregation in public housing was being prac- 
ticed in Kentucky, Missouri, and Tennessee in 1961."" 

Local governments perpetuate segregated residential areas in other ways. Builders 
and lenders say that local governments are a "major source of restrictions on their 
freedom to choose sites" where minority or open-occupancy housing is involved.**® 
Local officials may obstruct by abusing their authority to issue building permits, pro- 
vide sewage facilities, and administer building inspection standards.-" Land is diffi- 
cult to find in areas which local officials will approve for minority housing."" There 
is not, however, a continuing controversy over minority housing sites because, as one 
commentator points out : 

. . . racial restrictions on residential land use, like an iceberg, are of known 
presence but mostly invisible. It is only when a builder miscalculates or is 
prepared to fight that restrictions come into public view. Builders normally 
do not go looking for sites or attempt to build for nonwhites in areas known 
to be restricted, because they know, in the words of a Los Angeles builder, 
"there would be no inspections and no permits and he would be out of 
business." "^'* 

See Progress Development Corporation v. Mitchell,"'^ where it was alleged that the 
village trustees used the local ordinances relating to the building code in "seeking to 
harass, impede, delay, and otherwise prevent the construction of homes by Progress 
and the sale of some of said homes to Negroes." ^^ In another case, an incorporated 
area made it known that if certain properties were sold to Negroes, the building regu- 
lations would be irtade more stringent so that new homes would not be built.^^ In 
that case an ordinance required that the depth of wells be no less than 400 feet in the 
geographic area into which Negroes were buying, while homes already built (and 
owned by whites) in that area and other areas of the town ranged from 100 to 270 
feet in depth and were not subject to the ordinance. Regulations as to septic tank 
laterals also were used to discourage Negroes from buying property and building 
homes in a particular area. 

Local governmental bodies also have used the power of eminent domain to pre- 
vent Negroes from living in all-white neighborhoods. In Wiley v. Richland Water 
District,"°" the land upon which a Negro family had planned to construct a home 
was condemned by the local water district for future development and sanitatiotn 
control. In City of Creve Coeur v. Weinstein/^^ the court upheld the condemna- 
tion for present recreational facilities of land in a previously all-white neighborhood 
owned by a Negro family."®* 

=*'USCCR, The JO States Report, 173, 329, 591 (1961). In Thompson v. 
Housing Authority of the City of Miami, 251 F. Supp. 121 (S.D. Fla. 1966), it was 
alleged that a public housing authority constructed housing projects on sites located 
in Negro neighborhoods for the purpose of containing the Negro population. The 
court held, however, that the mere fact that the projects were constructed in the 
Negro neighborhood was not enough to overcome the presumption of regularity. 

It also has been alleged that Federal and local governments discriminate in their 
urban redevelopment programs contributing to the maintenance of residential segre- 
gation. See Deal v. Cincinnati Board of Education, 244 F. Supp. 572 (S.D. Ohio 
1965), rev'd on other grounds. No. 16863, 6th Cir., Dec. 6, 1966, where exhibits were 
oflfered in evidence, but rejected by the court, to show that lists in which properties 
are restricted on the basis of race were used to assist people in relocation. 

-"McEntire, Residence and Race 186, 187 (1960). 

''"Id. at 186. 

=" Ibid. 

-*'Id. at 187. 

-"286F. 2d222 (7th Cir. 1961). 

-"^ Id. at 226. See also Deerfield Park v. Progress Development Corp., 26 III. 2d 
296, 186 N.E. 2d 360 (1962), cert, denied 372 U.S. 968 (1963). 

'''Anderson v. Town of Forest Park, 239 F. Supp. 576, 583 (W.D. Okla. 1965) 
(cited in Dowell v. School Board of Oklahoma City Public Schools, 244 F. Supp. 971 
(W.D. Okla. 1965)). 

-"^ Civil No. 60-207, D. Ore., June 30, 1960, 5 Race Rel. L. Rep. 788 (1960). 

-®" 329 S.W. 2d 399 (St. Louis Ct. App. 1959). 

=®'See also Western Springs Park District v. Falls, Civil No. 52-C-14741 (Cook 
Co. Cir. Ct. 111. 1953); Progress Development Corp. v. Mitchell, 286 F. 2d 222 
(7th Cir. 1961). 

257 



Congressional imposition of a duty to disestablish school segregation deriving in 
large measure from past discrimination of State and local governments would be 
consistent both with judicial decisions in the area of constitutional law and with 
general legal principles. 

In Dowell v. School Board of Oklahoma City^ the court found that residential 
segregation for which the State was responsible was a significant factor in school 
segregation. The court noted that "Negroes in Oklahoma City reside in certain 
definite areas, which areas were designated as such originally by virtue of State law 
and were continued through the general use of restrictive covenants" and that the 
neighborhood school poHcy, "when superimposed over already existing residential 
segregation initiated by law in Oklahoma City, leads inexorably to continued school 
segregation." "^ In these circumstances, the court held, the neighborhood school 
policy, without any provision for mitigating the effect of residential segregation, 
contravened the equal protection clause of the 14th amendment. The court entered 
a decree under which any student whose race was in the majority in the school he 
attended could transfer to a school in which his race would be in the minority, 
enabling Negro students trapped in Negro schools to transfer out and obtain an inte- 
grated education.^' The Dowell case is consistent with the principle familiar in the 
law that the party responsible for a wrong must "disentangle the consequences for 
which it was chargeable" or bear responsibility for the whole. '^'' 

There is nothing novel in the proposition that, by indulging in one unconstitutional 
act, a State is barred from engaging in action otherwise within its power because 
such action would perpetuate the unconstitutionality. An otherwise valid voter 
qualification may not be applied constitutionally where its effect would be to raise 
standards above those applicable at a time when Negroes were discriminatorily 
excluded from the franchise, at least where white persons registered during such 
time remain on the registration rolls. ^^ State requirements that a voter registration 
applicant be identified by registered voters, when only white persons are on the 
registration rolls, contravene the 14th amendment.^" The Houston School Board, 
which long had applied, indiscriminately to Negroes and whites, a "brother-sister" 
rule which required children in Grades 1 through 6 to attend the same school as an 
older brother and sister, was enjoined from applying the rule because it perpetuated 
school segregation which had been compelled by law."" A State university's re- 
quirement that an applicant for a master's degree be a graduate of an accredited 
college — applicable equally to Negroes and whites — was held to deny equal pro- 

=55 244 p supp 971 (^D okla. 1965) remanded on other grounds, Civ. No. 
8523, 10th Cir., Jan. 23, 1967. 

^/^. at 975, 976. 

"'^ See also Holland v. Board of Public Instruction of Palm Beach County, 258 F. 
2d 730 (5th Cir. 1958), where the Fifth Circuit found that "in the light of com- 
pulsory residential segregation of the races by city ordinance, it is wholly unrealistic 
to assume that the complete segregation existing in the public schools is either volun- 
tary or the incidental result of valid rules not based on race" {Id. at 732) ; Ludley 
v. Board of Supervisors, 150 F. Supp. 900 (E.D. La. 1957), aff'd, 252 F. 2d 
372 (5th Cir. 1958), where an otherwise innocuous statute was held "unconstitu- 
tional when applied in tandem with" another statute. And see Bush v. Orleans 
Parish School Board, 138 F. Supp. 337 (E.D. La. 1956), aff'd, 242 F. 2d 156 
(5th Cir. 1957). Parker v. Franklin, 223 F. Supp. 724 (M.D. Ala. 1963), modi- 
fied and aff'd, adopting the opinion of the district court, 331 F. 2d 841 (5th Cir. 
196^) ; Ross V.Dyer, 312 F. 2d 191 (5th Cir. 1963). 

'^National Labor Relations Board v. Remington Rand, Inc., 94 F. 2d 862, 872 
(2d Cir. 1938), cert, denied, 304 U.S. 576 (1938). Thus, when an employer has 
dominated and supported a labor organization, the organization will be forever dis- 
established even though the employer's misconduct has ceased, even though some 
employees may freely prefer it, and even though a majority of the employees might 
vote to have it represent them. Texas and N.O.R. Co. v. Brotherhood of Railway 
and S.S. Clerks, 281 U.S. 548 (1930) ; National Labor Relations Board v. Southern 
Bell Co., 319 U.S. 50 (1943). 

'^^ Louisiana v. United States, 380 U.S. 145 (1965) ; United States v. Duke, 332 
F. 2d 759 (5th Cir. 1964). 

=*° United States v. Ward, 222 F. Supp. 617, 620 (W.D. La. 1963) ; United States v. 
Manning, 205 F. Supp. 172, 173-174 (W.D. La. 1962). 

^' Ross V. Dyer, 312 F. 2d 191 (5th Cir. 1 962 ) . 

258 



tection to a Negro who had been ineligible because of his race to attend an 
accredited undergraduate State college in the State, and instead had graduated 
from one of the two State colleges — both unaccredited — which Negroes were per- 
mitted to attend.'^ Similarly, a State alumni sponsorship requirement at a State 
institution having no Negro alumni was held to be an unconstitutional discrimina- 
tion against Negroes.^*^ In each case the State was not permitted to apply an 
otherwise innocuous policy because it would have perpetuated unconstitutional 
discrimination. 

C. The Power of Congress To Require Metropolitan Solutions 
Where Necessary To Secure 14th Amendment Rights 

In metropolitan areas, correction of racial isolation in the public schools may require 
realignment of school districts or cooperative arrangements between districts, includ- 
ing districts in different political subdivisions within a State. This is obviously the 
case where the school-age population of a particular district or city is majority Negro. 
As a Federal court once said in another context, "one cannot assimilate alone." ^ 

State-created barriers to the reorganization of school districts now exist in many 
States. In some States, for example, changes in school district boundaries involving 
merger or annexation can be accomplished only by popular referenda, or by the State 
itself. But Congress is not bound to respect these barriers. School district lines, 
like State legislative district lines,"*^ congressional district lines,"'^ and other creations 
of States and political subdivisions, must yield to the overriding demands of the 
Federal Constitution and Federal laws enacted pursuant thereto.^^ 

The equal protection clause speaks to the State itself."*^ As Mr. Justice Brandeis 
once stated: "It is a question of the power of the state as a whole . . . the powers 
of the several state officials must be treated as if merged in a single officer." ^* A State 
cannot avoid its obligation under the equal protection clause by fragmenting the 
decision making or by pleading the very political lines which the State itself created. 
Political subdivisions of States, such as counties and cities, are "created as convenient 
agencies for exercising such of the governmental powers of the state as may be 
intrusted to them" and the "number, nature and duration of the powers conferred 
upon [them] . . . and the territory over which they shall be exercised rests in the 
absolute discretion of the state." ^° 

The principle was recognized by the Supreme Court in the reapportionment cases. 
In Reynolds v. Sims/'^ the Court struck down, as violative of the equal protection 
clause, a reapportionment plan under which each of Alabama's 67 counties was 
allotted one senator and no counties were given more than one senate scat. The 
defendants sought to justify the plan by analogizing the scheme to that used for 
apportioning seats in Congress. But the Court rejected this so-called Federal 
analogy, pointing out that "political subdivisions of States — counties, cities, or what- 
ever — never were and never have been considered as sovereign entities. Rather, 
they have been traditionally regarded as subordinate governmental instrumentalities 
created by the State to assist in the carrying out of State governmental functions." ^'" 

We need not inquire whether congressional power to relieve racial isolation would 
extend beyond school district or political subdivision lines if education were an ex- 



-"- Parker v. Franklin, 223 F. Supp. 724 (M.D. Ala. 1963), modified and aflf'd, 
adopting the opinion of the district court, 331 F. 2d 841 (5th Cir. 1964). 

^■■'Meredith v. Fair, 298 F. 2d 696 (5th Cir. 1962), cert, denied, 371 U.S. 828 
(1962) ; Hunt v. Arnold, 172 F. Supp. 847 (N.D. Ga. 1959). 

"■'^ Farrington v. Tokushige, 11 F. 2d 710, 714 (9th Cir.), aff'd, 273 U.S. 284 
(1927). 

"^ Reynolds v. Sims, 377 U.S. 533 ( 1964) . 

'•"• Wesberry v. Sanders, 376 U.S. 1 ( 1964) . 

="See Gomillion v. Lightfoot, 364 U.S. 339 (1960) ; U.S. Const., art. VI. 

'^ Griffin V. County School Board, 377 U.S. 218 ( 1964) ; Hall v. St. Helena Parish 
School Board, 197 F. Supp. 649 (E.D. La. 1961 ), aff'd, 287 F. 2d 326 (5th Cir. 1961), 
aflf'd, 368 U.S. 515 (1962). 

=0" lowa-Des Moines National Bank v. Bennett, 234 U.S. 239, 244-45 ( 1931 ) . 

'"'Hunterv.City of Pittsburgh, 207 U.S. 161, 178 (1907). 

^^ 377 U.S. 533 ( 1964). 

="/d. at 575. See also Gray v. Sanders, 372 U.S. 368, 378, 379 (1963). 

259 



clusively local function. In every State of the Union, the State itself is deeply 
involved in the educational process. The States directly supply part of the money 
for the operation of the schools. They certify the teachers and accredit the schools. 
Through their departments of education, they maintain constant supervision over the 
entire operation and they are the conduits through which Federal money in increasing 
amounts is funneled into the public schools. ^^ 

Every State has included provisions for free public education in its constitution 
and general statutes. No State remains entirely indifferent to what the localities do. 
Thus, in City of Louisville v. Commonwealth ''^' — a decision requiring a local com- 
munity to levy taxes for school purposes — the Court said : 

. . . education is not a subject pertaining alone, or pertaining essentially, 
to a municipal corporation. Whilst public education in this country is now 
deemed a public duty in every State, ... it has never been looked upon as 
being at all a matter of local concern only. ... In this State the subject of 
public education has always been regarded and treated as a matter of State 
concern."'" 

Comparable rulings are found in many jurisdictions.^" 

In Hall V. St. Helena Parish School Board,"'' the State of Louisiana, to avoid the 
effect of Federal court orders requiring school desegregation, enacted a statute au- 
thorizing any parish in the State to close its schools by local option vote. A three- 
judge Federal court held this statute unconstitutional, in part "because its application 
in one parish, while the State provides public schools elsewhere, would unfairly 
discriminate against residents of that parish, irrespective of race." The defendants 
had laid "particular stress" on the local option feature of the statutory plan. Con- 
ceding that a legislative or gubernatorial directive closing the public schools in only 
one parish would be unconstitutional, the defendants maintained "that there is no 
denial of equal protection when the same result is achieved through a decision of 
the local authorities rather than the central State government." "'* The defendants 
relied upon cases in which Federal courts had upheld closure by municipal authorities 
to avoid desegregation of all swimming pools or all parks within their jurisdictions:^™ 
Rejecting the proposed analogy, the court declared : 

The St. Helena Parish School Board may not be discriminating geographi- 
cally when it expends the full measure of its power by closing all schools 
under its control, but that does not make the rule of Tonkins and Gilmore 
applicable. Indeed, even if recreation is viewed in the same constitutional 
light as public education, the rationale of those cases applies only when the 
facilities sought to be closed are locally owned, financed, and administered, 
and the State itself is not directly concerned in their operation. [Citation 
omitted.] In such case, only local action is involved, and so long as the clos- 
ure order is general and affects all residents equally, there is no discrimina- 



^^ Wright, "Public School Desegregation: Legal Remedies for De Facto Segrega- 
tion," 16 W. Res. L. Rev. 478, 498 (1965). 

-"^M34Ky. 488, 121 S.W. 411 (1909). 

-"'^ /i. at 492, 493, 121 S.W. at 411, 412. 

"""See, e.g., Malone v. Hayden, 329 Pa. 213, 197 Atl. 344, 352 (1938) ; Bissel v. 
Davison, 65 Conn. 183, 32 Atl. 348, 349 (1894) ; People ex rel. Nelson v. Jackson 
Highland Building Corp., 400 111. 533, 81 N.E. 2d 578, 580-81 (1948); Grant v. 
Michaels, 94 Mont. 452, 23 P. 2d 266, 271 (1933) ; County Board v. Board of Com- 
missioners, 201 Ga. 815, 41 S.E. 2d 398 (1947); Hobbs v. Lawrence County, 193 
Tenn. 608, 247 S.W. 2d 73, 76 (1952) (dictum); Moseley v. Welch, 209 S.C. 19, 
39 S.E. 2d 133, 138 (1946) (dictum) ; Duncan v. People ex rel. Moser, 89 Colo. 149, 
299 Pac. 1060, 1061 (1931) ; Fiscal Court v. Board of Education, 294 Ky. 758, 172 
S.W. 2d 624 (1943) ; Mayor & City Council of Wilmington v. State ex rel. Du Pont, 
44 Del. 332, 57 A. 2d 70 (1947) ; Posey v. Board of Education, 199 N.C. 306, 154 
S.E. 393 (1930) ; City of Franklin v. Hinds, 101 N.H. 344, 143 A. 2d 111 (1958). 
See also the opinions of the Louisiana courts cited in Hall v. St. Helena Parish School 
Board, infra, at 657. 

-" 197 F. Supp. 649, 656 (E.D. La. 1961), aff'd, 287 F. 2d 326 (5th Cir. 1961), 
aff'd 368 U.S. 515 (1962). 

"' 197F. Supp. at656. 

''"See Tonkins v. City of Greensboro, 276 F. 2d 890 (4th Cir. 1%0); City o* 
Montgomery \. Gilmore, 277 F. 2d 304 (5th Cir. 1960). 

260 



tion at any level. But the same principle does not excuse inequalities in a 
statewide, centrally financed and administered system of public institutions."*" 

"A contrary position," the court said, "would allow a State to evade its constitu- 
tional responsibility by carve-outs of small units." ^^ So, here, a State cannot 
avoid its constitutional obligation to afford its schoolchildren equal protection of 
the laws by pointing to the distribution of power between itself and its subdivisions — 
a distribution which the State itself has created. "If the rule were otherwise, the 
great guarantee of the equal protection clause would be meaningless." ^' 

In legislating to implement the 14th amendment, Congress need not limit itself 
to suspending offensive State legislation, but may require States to take affirmative 
steps — such as the reorganization of school districts — ^to secure equal rights. In 
enforcing the 14th amendment the courts have required State governing bodies 
affirmatively to provide counsel and transcripts to indigents in criminal cases ^ even 
though the State may have to expend money which the legislature is unwilling to 
appropriate ; ^^ to levy taxes to raise funds adequate to reopen and operate a public 
school system,^^ and to reapportion the State legislature to accord all voters in the 
State equality of voting power.^* There is no reason why Congress may not also 
prescribe affirmative measures, since its enforcement powers under the 14th and 
15th amendments have been held to encompass "any rational means" of effectuating 
the rights declared.^^ 

=«» 197 F. Supp. at 657. 

='' Id. at 658. 

*" Ibid. It may well be that the substantial fiscal and tangible inequalities which 
at present exist between city and suburban school districts (see ch. 3, supra, at 
pp. 87-88) also contravene the 14th amendment's equal protection guarantee. As 
the court ruled in the St. Helena case with respect to education, "when the State 
provides a benefit, it must do so evenhandedly." See also, James v. Almond, 170 F. 
Supp. 331 (E.D. Va. 1959), appeal dismissed per stipulation, 359 U.S. 1006 (1959) ; 
In the Matter of Skipwith, 14 Misc. 2d 325, 180 N.Y.S. 2d 852 (Dom. Rel. Ct. 
1958). The Brown rationale itself — that "where a State provides education, it 
must be provided to all on equal terms" — would appear to render at least those 
substantial disparities which are readily identifiable — such as disparities in fiscal 
support, average per pupil expenditure, and average pupil-teacher ratios — unconsti- 
tutional. The Supreme Court, moreover, has held that a State cannot, consistently 
with the equal protection clause, discriminate against persons within its jurisdiction 
on the basis of where they reside, see Reynolds v. Sims, 377 U.S. 533, 560 (1964); 
Gray v. Sand'-rs, 372 U.S. 368, 379-80 (1963). And in Griffin v. Illinois, 351, U.S. 
12 (1956), the Court ruled that a State which grants appellate review of a criminal 
conviction cannot "do so in a way that discriminates against some convicted defend- 
ants on account of their poverty." As recognized by Mr. Justice Harlan in his 
dissent. Griffin imposes on the States an affirmative duty "to lift the handicaps flow- 
ing from differences in economic circumstances." The Illinois statute on its face 
created no invidious classification resulting in unconstitutional State-imposed dis- 
abilities. Rather, in failing to provide the poor with adequate means of appellate 
reviews, the State failed "to remove natural disabilities." Here, as in Griffm, the 
State may be under no obligation to provide the service, but having undertaken to 
provide it, the State must insure that the benefit is received by the poor as well as 
the rich in substantially equal measure. 

"^^ Gideon v. Wainwright, 372 U.S. 335 (1963); Douglas v. California, 372 U.S. 
353 (1963);andGn^n v. ///znoii, 351 U.S. 12 (1956). 

=*'See5(a(ev. /?u5;i,46N.J. 399, 217A. 2d 441 (1966). 

"^^ Griffin V. Prince Edward County School Board, Zll U.S. 218 (1964). 

"^Reynolds v. Sims, 377 U.S. 533 (1964). See also. Moss v. Burkhart, 220 F. 
Supp. 149 (W.D. Okla. 1963), aff'd per curiam sub nom, Williams v. Moss, 378 U.S. 
558 (1964). 

"^^ South Carolina v. Katzenbach, 383 U.S. 301, 324 (1966); Katzenbach v. 
Morgan, 384 U.S. 641 (1966). 

Precedents for Federal legislation requiring intergovernmental planning include a 
1962 amendment to Federal highway legislation applying pressure on States to com- 
pel their cities to carry on area transportation planning (Federal-Aid Highway Act 
of 1962, sec. 9, 76 Stat. 1148, 23 U.S.C. 134 (1964); the Demonstration Cities 
and Metropolitan Development Act of 1966, P.L. 89-754, 80 Stat. 256, which pro- 
vides financial incentives for communities which engage in metropolitan planning that 

261 

243-637 O - 67 - 18 



Absent State statutory or State constitutional provisions to the contrary, school 
district boundaries need not coincide with the boundaries of townships or other sub- 
divisions of the State."^" To the extent that a particular State has a statutory or 
constitutional provision to the contrary, it necessarily must yield to a lawful con- 
flicting act of Congress under the supremacy clause of the Constitution."'"'' 

In many States the boundaries of a school district may be changed by the legisla- 
ture. In Illinois, for example, "[t]he area of the district may be contracted or ex- 
panded, it may be divided, united in whole or in part with another district and the 
district may be abolished. All this at the will of the legislature." ™'' In New York, 
the State Department of Education has the power to alter school districts. Although 
a school district in New York is a municipal corporation, it has no territorial integrity 
and "is always subject to the reserved power of the State, exercised through its ad- 
ministrative officers in the education department, to change its territory according 
to current educational needs and good educational principles." ™^ 

Many States provide by statute that any question involving the drawing of school 
district lines must be submitted to a popular vote.^®" But such a right to vote "is 
purely a permissive one bestowed by legislative grace in furtherance of the policy of 
the legislature." ^^ In any event, "a citizen's constitutional right can hardly be in- 
fringed simply because a majority of the people choose that it be." ^* 

Summary 

While the Brown decision directly invalidated only school segregation 
compelled or expressly permitted by law, later cases have applied that de- 
cision to purposeful school segregation resulting from acts of State or local public 
officials even where such segregation is not dictated or sanctioned by State or local law. 
The courts have indicated that such purposeful segregation is unconstitutional even 
when it is accomplished by inaction rather than by action, and even where it is less 
than complete. 

The courts have not been so ready to declare adventitious school segregation uncon- 
stitutional. Thus, the result of most judicial decisions thus far has been to leave the 
question of remedying racial imbalance to the legislative and executive branches of 
the Federal and State Governments. Few States have taken any meaningful steps 
to require school authorities to take corrective action, although the courts have upheld 
State and local remedial measures against the contention by white parents that it is 
unconstitutional to take race into account in assigning students to schools. 

In the Civil Rights Act of 1964, Congress authorized the Attorney General to bring 
desegregation suits in certain circumstances; empowered the Office of Education to give 
technical and financial assistance to desegregated school districts, and gave the De- 



meets Federal criteria, and the Federal Water Pollution Control Act, which requires 
intergovernmental planning as a prerequisite for Federal aid for solid waste dis- 
posal and water and sewer facilities (62 Stat. 1155 (1948), as amended, 33 U.S.C. 
sec. 466-66K (1964). 

-"^ People ex rel. M chain v. Gardner, 408 111. 228, 96 N.E. 2d 551, 555 (111. Sup- 
Ct. 1951). 

-«* U.S. Const, art W\; McCulloch v. Maryland, 4 Wheat. 316 (1819). 

'"^People V. Deatherage, 401 111. 25, 81 N.E. 2d 581, 586 (1948). In Connecticut 
the legislature has "broad power over educational policy and instrumentalities". It 
can establish a school district without the consent of the towns, the State board 
of education or anyone else." Regional Hi^h School District No. 3 v. Toivn of 
Newton, 134 Conn. 613, 59 A. 2d' 527. 53l' (1948). See also City of Beaumont 
Independent School District v. Broadus, 182 S.W. 2d 406, 410 (Ct. of Civ. App. of 
Tex. 1944) ; Donnelly v. Dover-Sherborn Regional School District, 170 N.E. 2d 694 
(Sup. Ct. of Mass. 1960). 

™^ Board of Education of Union Free School District No. 1 v. Wilson, 303 N.Y. 
107. 100 N.E. 2d 159, 163 (N.Y. Ct. of App. 1951 ) . 

"^ E.g., N.Y. Ed. Law §§1504 and 1801. 

'^People v. Deatherage, 81 N.E. 2d at 588. 

'^^ Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 713, 737 (1964) ; 
West Virginia Board of Education v. Barnette, 319 U.S. 624, 638 (1943) ; Hall v. 
St. Helena Parish School Board, 197 F. Supp. 649 (E.D. La.), afl'd, 287 F. 2d 326 
(5th Cir. 1961),aflF'd, 368U.S. 515 (1962). 

262 



partment of Health, Education, and Welfare the power to withhold financial assist- 
ance from school districts engaging in discrimination. But this legislation does not 
appear to dictate the imposition of sanctions solely for failure to overcome racial im- 
balance in the schools or to authorize assistance to school districts to help them correct 
such imbalance. Under the Elementary and Secondary Education Act of 1965, HEW 
encourages efforts to develop project activities which will tend to reduce racial imbal- 
ance, but is precluded from requiring the assignment or transportation of students or 
teachers in order to overcome such imbalances. 

Racial isolation in the schools is a matter appropriate for congressional considera- 
tion and action. Even if the courts were to hold that there is a constitutional duty 
to relieve adventitious segregation, congressional action would have many advantages, 
including uniformity, minimization of delay, relief for already overburdened courts, 
greater public acceptance, and the important advantage stemming from congressional 
power to appropriate funds and to provide the financial assistance needed to accom- 
plish the task. The 14th amendment confers the necessary power upon Congress. 
As the facts in this report show, racial isolation damages Negro children, and denies 
them equal educational opportunity. There is ample basis for concluding that Con- 
gress can enact the laws necessary to prevent such damage and to secure to Negroes 
equality of opportunity in the public schools. 



263 



INDEX 



(Statistical tables appear at end of index) 



Advantaged students 
teaching, quality of, important influence, 
203 
Albuquerque, N. Mex. 

education park system, plans for, 171 
All Day Neighborhood School Program, 
New York City 
compensatory education program, 120 
evaluation of program in 1965 by inde- 
pendent researches from New York 
U., 127 
per pupil expenditure 126 
Allen, James, 1 55 
Atlanta, Ga. 
free choice provisions in school attend- 
ance, 66 
Negro teachers, placement of, 67 
school construction since 1954, location, 
63 

B 

Bakersfield, Calif, 
residential segregation, index as of 1960, 
12 
Baltimore, Md. 
"districting" permitted when school is in 
danger of becoming overcrowded, 
different standards of overcrowding 
used, 68 
racial isolation and population trends, 1 1 
Banneker Project, St. Louis, Mo. 

compensatory education program, 120 
Barry, Franklyn, 129 
Berkeley, Calif, 
compensatory programs 

and desegregation, comparative effects 
of, 128 
Berkeley School System's evaluation of, 

131 
instituted at four majority-Negro schools, 

130 
education parks, Federal planning grant 
received to assist in development, 1 70 
school desegregation, extent and tech- 
niques, 143 
"student-teacher concern" boards as 
safety valve devices, 158 



Boston, Mass. 
Metropolitan Area, school district organ- 
ization, 17 
Metropolitan Council for Education 

Opportunities program, funding, 152 
metropolitan desegregation, 151 
school quality and student performance, 

teachers, 93 
school redistricting, study of, 150 
urban renewal projects, FHA, 34 
school serving project children, 34 

Brown v. Board of Education of Topeka 

rationale of opinion, 189 

school segregation in Southern and 
Border States sanctioned by law until 
1954 decision, 59 

U.S. Supreme Court decision, 1954, 1, 
185 
Buffalo, N.Y. 

racial separation, 5 
Builders, lenders, real estate brokers 

housing policies and practices, cities and 
suburbs, 20 
Busing, 46, 56, 57, 68, 131, 158 
{see also Transportation) 

lack of transportation to school outside 
one's neighborhood as limiting exercise 
of choice, 68 

Berkeley School System, Berkeley, Calif., 
131 

Education Improvement Program, Phila- 
delphia, Pa., 134 

education parks, increased need to trans- 
port children, 180 

Metropolitan Council for Educational 
Opportunities, Boston, Mass., 152 

use of, effect, 56 

C 

Central city {see Cities and suburbs) 
Central schools 
establishment in small communities as 
result of pairing in school desegration, 
142 
Charlotte, N.C. 
residential segregation, index as of 1960, 
12 
Chester, Pa. 
racial separation, 7 



265 



Chicago, 111. 

Burns-Paderewski boundary, illustration, 
48 

desegregation, extent of redistricting 
needed to accomplish school attend- 
ance, use of, effect, 150 

elementary school attendance areas, size, 
41 

FHA projects, sites selected for, 34 

low-rent housing projects, school serving, 
38 

racial concentration, map, 31 

racial separation, 6 
Cincinnati, Ohio 

busing, effect of, 56 

Cincinnati-Ach-Sawyer-Withrow bound- 
ary change, illustration, 49 

low-rent housing projects, schools serv- 
ing, 37 
Cities and suburbs 

builders, lenders, and real estate brokers, 
housing policies and practices, 20 

central schools, establishment of, 142 

city school systems, policies and practices, 
impact on racial composition of 
schools, 202 

educational policies and practices, 39 

expenditures for urban services in central 
cities and suburbs, 1957, 26 

FHA and VA programs, 22 

fiscal disparities, 25 

housing, central city, 31 

increasing racial contrast between, 1 9 

larger cities 

desegregation, 146 

education park, plans for being 
studied to serve only portion of New 
York City, 1 70 
efforts to reduce racial imbalance, 
three general categories, 146 

low-cost housing, availability largely in 
central city, effect on racial and eco- 
nomic separation, 24 

metropolitan desegregation, 151 

movement of service industries to sub- 
urbs, effect on Negro employment, 25 

National Defense Education Act funds, 
28 

northern attendance patterns, develop- 
ment of, 40 

personal income and educational attain- 
ment between, disparities, 19 

public and nonpublic schools, proportion 
of total elementary students, by race, 
for 15 large metropolitan areas, 1960, 
38 

racial isolation 
and central city, 31 
causes of, metropolitan dimensions, 

200 
in city schools, causes of, summary, 70 



Cities and suburbs — Continued 
Rochester, N.Y. 
racially imbalanced schools, students 
selected to go to school in suburbs, 151 
school desegregation 
extent and techniques, 141 
pairing, 141 
small cities 

and suburban communities, effect of 
desegregation, and variety of tech- 
niques used, 205 
single education plaza being developed. 
East Orange, N.J., 170 
suburban school systems, 30 
teacher salary expenditures per pupil, 27 
wealth and poverty considered in abso- 
lute terms, contrast, 19 
welfare and public safety, per capita ex- 
penditures by cities, effect on budget 
allocation to education, 26 
Civil Rights Act of 1964, 187 
Civil Rights Commission report 
conclusion 

Negro children attending predomi- 
nantly Negro schools, effect on their 
achievement, 193 
Civil Rights Commission study 

basic questions listed, 15 
Cleveland, Ohio 
busing, 57 

central area of city, schools in, 1 920's, 40 
Moses Cleveland Elementary School, 

change in racial composition, 8 
racial concentration pattern, 3 
racial isolation and population trends, 12 
school attendance, practices bearing on 
optional zone within attendance area of 
Washington Irving Elementary School, 
52 
supplementary center providing special 
educational programs for sixth grade 
students in public and parochial 
schools, 164 
Coatesville, Pa. 
desegregation of elementary schools 
through pairing, 142 
College-trained Negroes 

employment opportunities and earnings 
as compared with similarly educated 
whites, 202 
Compensatory programs and desegregation 

comparative effects of, 128 
Computers 
Brentwood School, East Palo Alto, Calif., 

use as educational aid, 174 
programs as aiding teachers and im- 
proving their effectiveness. University 
of Chicago professor of education, 1 74 
recordkeeping chores, teachers relieved 
of through computer technology, 1 75 



266 



Computers — Continued 
use of computer technology dependent 
upon development of appropriate 
instructional materials, former U.S. 
Commissioner of Education, 174 
Congress 
power to enact legislation in eliminating 
racial isolation, 188 
Constitution of the United States 
confers upon Congress power to require 
elimination of racial isolation in public 
schools, 188 
1 4th Amendment, legislating to imple- 
ment. Congress, 192 

D 

Davidoff, Paul, 181 

Demonstration Guidance Project, New 

York City 

experimental project, per pupil expendi- 
tures; evaluation of program, 123 
Desegregated schools 

alterations in attendance areas, 149 
Brown v. Board of Education; McLaurin v. 
Oklahoma Stale Board of Regents for Higher 
Education; Sweatt v. Painter, rationale of 
opinions, 189 

"Children's Academy," plans for devel- 
oped as means of reducing racial im- 
balance, 164 

Civil Rights Act of 1964 authorizing At- 
torney General to bring school desegre- 
gation suits in certain circumstances, 
187 

closing schools, 143, 144 

education complexes, 166 

education parks, 167 
construction of, use of existing facilities, 

East Orange, N.J., 179 
construction time, 179 
estimated costs, Pittsburgh, Pa., 178 
fezisibility ; construction costs, 177 
increased need for transportation, 180 
New York City plan for, 1 75 
size, location, and organization, 169 
Syracuse, N.Y., plan for, 175 

enlarging attendance areas through clos- 
ing of particular school and dispersal 
of students among remaining schools, 
143 

extent and techniques, 140 

in larger cities, techniques, 146 

involvement of all schools in the com- 
munity, 156 

interracial friction, minimizing possibility 
of, 157 

magnet schools 

Los Angeles, Calif., plans for, 165 
programs providing for, 165 

maintenance of educational standards, 
159 



Desegregated schools — Continued 
New York City 

education park, plans, for being studied 
by Board of Education, 1 70 
Pittsburgh, Pa. 

education park system, planning of, 1 70 
plans and proposals, 163 
plans for desegregation and improving 

quality of education, summary, 183 
racial isolation, elimination of, State 

actions, 188 et seq. 
remedial assistance, 162 
Rochester, N.Y. 
racial imbalance, overall plan to 
alleviate, open enrollment, busing, 147 
transfer, opportunity to, school system 
letters to parents of children in cer- 
tain schools located in Negro resi- 
dential areas, 147 
school closing, 143 
small cities 
single education plaza, East Orange, 

N.J., 170 
suburban communities, effect of de- 
segregation, variety of techniques 
used, 205 
success of, factors in, 1 54 
supplementary centers and magnet 

schools 
supplementary centers, 164 
Syracuse, N.Y., education park system, 

168 
U.S. Supreme Court 1954 decision, 1 
White Plains, N.Y., devices used by 

school officials to desegregate, 144 
without altering attendance areas, 147 
Detroit, Mich, 
racial separation, 6 
school district organization, 1 7 
Disadvantaged students 
compensatory education programs insti- 
tuted in majority-Negro schools, analyt- 
ical discussion, 1 1 8 
computers, use of to assist in teaching, 
former U.S. Commissioner of Educa- 
tion, 174 
poverty and affluence, differences be- 
tween extend beyond formal learning, 
78 
teaching, quality of, important influence 
on achievement of students, 203 
Disparities, educational and other, 13, 14 
Army tests to inductees, differences in 
achievement between whites and Ne- 
groes, 74 
fiscal, schools, manner of financing ex- 
penditures for urban services in central 
cities and suburbs, 1957, 26 
revenues per pupil from State sources, 
29 



267 



Disparities — Continued 

racial isolation and outcomes of educa- 
tion, 73 

school segregation not based on law, 
effects of, 73 

social and economic, Negro gains meas- 
ured against gains of white Americans, 
14 

sources, disparities arising from variety of, 
75 



East Orange, N.J. 
single education plaza serving all children 
in city being developed, 170 
East Palo Alto, Calif 
computer aids, use of, Brentwood School 
in cooperation with Stanford Uni- 
versity, 174 
Economic Opportunity, Office of Head 

Start Program, goal, 116 
Education 

(see also Public schools) 

advantaged Negro students, absence of 

consistent relationship between student 

aspirations and racial composition of 

schools, 102 

advantaged students, teaching quality of, 

important influence, 203 
cities and suburbs, educational attain- 
ment, contrast, 19 
Commissioner Freeman's statement, 213 
compensatory education in majority- 
Negro schools, effects of, 120 
disadvantaged Negro students of high 

ability, desegregation as aid to, 102 
equal educational opportunity of high 
quality for all children, recommenda- 
tions, 209 
Equality of Educational Opportunity 
survey, 2, 92, 99, 105, 107 
national importance of educational 
situation as described in Commisssion 
report. Commissioner Hesburgh's 
statement, 215 
Negro students in low and medium 
ability, achievement of; Negro students' 
achievement controlling for school 
average achievement, 101, 102 
1965 Elementary and Seconcfary Educa- 
tion Act, Title I, allotments to city 
schools under, 118 
outcomes of education 
Negro students, summary, 1 13 
standards for measuring, 76 
policies and practices, 39 
quality of education received, influence 

on students, 75 
racial composition and student perform- 
ance, 100 
racial isolation and outcome of education, 
113, 202 



Education — Continued 

relationship between achievement and 
attitudes of school child and economic 
circumstances and educational back- 
ground of family, 203 

school quality and student performance, 
91 
disparities, extent of, 92 
educational offerings available to Negro 
and white students in metropolitan 
areas, 92 
facilities, 92 
teachers, 93 

social class and the outcomes of educa- 
tion, effect on Negroes and whites, 77 

social school class and student perform- 
ance, relationship between. University 
of Chicago Sociology Professor Havig- 
hurst, 87, 88 

state education aid, 87 
Education complexes 

broadening attendance areas by grouping 
existing schools, consolidating attend- 
ance zones, 166 

quality of education, how to maintain, 
171 
Education Improvement Program, Phila- 
delphia, Pa., 132 

general levels of academic achievement 
for Negro students in nearly all- 
Negro schools, failure to improve, 136 

per pupil expenditure, 132 

reading achievement levels, 133 

third grade bused students, median read- 
ing level achievement, 135 
Education parks 

benefits and problems, 171 et seq- 

construction time, 179 

existing facilities, use of, 179 

feasibility; construction costs, 177 

intergovernmental cooperation, need for 
as final consideration of feasibility, 181 

new technology in, possibilities of re- 
reviewed, former U.S. Commissioner 
of Education, 1 74 

planning of, 167, 170 

size, location, and organization, 169 

transportation, 180 

costs of as factor in feasibility, 1 8 1 

universities, ties with contemplated, 176 
Educational attainment 

disparities in, 13 
Educational disparities {see Disparities, edu- 
cational and other) 
Educational Opportunity, Equality of 

U.S. Office of Education national sur- 
vey, 2, 92, 99, 105, 107 



268 



Elementary and Secondary Education Act 
of 1965 school desegregation and racial 
imbalance, effect on, 187 
Title I, Rochester, N.Y., racially im- 
balanced schools, students selected to 
go to school in suburbs, 151 
Title III, partial funding under of Metro- 
politan Council for Educational Op- 
portunities, Boston, 152 
Englewood, N.J. 
school desegregation, extent and tech- 
niques, 142 
Equality of Educational Opportunity 
U.S. Office of Education survey, 14 
Executive Order on Equal Opportunity in 
Housing 
limited largely to new housing assisted by 
FHA and VA, 22 



Fiscal disparities {see Disparities, edu- 
cational and other) 

Fischer, John, 177 

Flint, Mich. 

racial separation, 6 

Fort Wayne, Ind. 
racial separation, 6 

Freeman, Frankie M., 213 



Gary, Ind. 

racial concentration, 6 
Goodlad, John, 172 

H 

Hartford, Conn. 

Metropolitan area, busing from pre- 
dominantly Negro schools to schools in 
surrounding suburban communities, 
"Project Concern," 153 
metropolitan desegregation, 151 
"Have-not" Americans, 15 
Head Start program 

Economic Opportunity Office states goal, 
116 
Health, Education, Welfare, 

Department of Civil Rights Act of 1964 
empowers HEW to withhold 
financial assistance from school 
districts engaging in discrimination, 187 
Helmer, Earle, 160 
Hesburgh, Theodore M., 215 
Higher Horizons Program, New York City 
annual per pupil expenditure, 124 
Central Harlem elementary school, 

principal's testimony at Civil Rights 
Commission's Rochester hearing, 126 
compensatory education program, 120, 
122 



Higher Horizons Program — Continued 

Demonstration Guidance Project 

success, initiation of Higher Horizons 
in 1959, 124 

five-year progress report and evaluation 
by school administrators, 1 25 

four major techniques used in, 124 

Landers, coordinator of program, 
comments, 125 
Hillsboro, Ohio 

purposeful segregation, 42 
Housing 

central city housing, 31 

cities and suburbs, housing policies 
and practices, 20 

FHA and VA policies, 22 

FHA urban renewal and low-rent 
public housing, 34 

low-cost, availability largely in 
central city, effect, 24 

low-income housing program, selection of 
sites as important factors in intensi- 
fication of reduction of racial con- 
centration, 34 

low-rent public housing, Housing and 
Urban Development Department ad- 
ministration of, 36 

racial isolation and central city, 201 

rent supplement program authorized in 
1965, 24 

residential segregation 

Brown decision, conversion from dual 
to single attendance zones, student 
assignment, 60 

city patterns of, 33 

effect on desegregation in Southern 
and Border cities, 60 
Houston, Tex. 

free choice provisions in school attend- 
ance, 66 
Negro school enrollment, 1965, 10 
Negro teachers, placement of, 67 

school construction after 1958, location, 
62 
Howe, Harold, II, 139 



Illinois 

(see also specific names of cities) 
maintenance of separate schools for 

Negro children as late as 1950, 43 
Income and occupations 
differences in, cumulative effects of 

education extension in later life to, 108 
Negroes, proportion in white-collar jobs 

increases as their level of education 

rises, 109 
occupations, distribution of, white and 

nonwhite, 15 



269 



Job opportunities 

outcomes of education for Negro students, 

summary, 1 14 
racially isolated schools, attendance in, 
effect, 114 

K 
Kansas City, Mo. 
racial separation, 6 
school desegregation 

task of reducing tensions as community- 
wide responsibility, 158 
Katzenbach v. Morgan 
Voting Rights Act of 1965, Section 4(e) 
upheld by Court, 188 
Keppel, Francis, 174 
Knoxville, Tenn. 
school construction, size of school, effect 
on school's racial composition, 65 



Lexington, Ky. 
grades accommodated by school as de- 
termining racial composition of student 
body, 65 
Lortie, Dan, 174 
Los Angeles, Calif, 
magnet schools, plans to convert three 
senior and four junior high schools 
into, 165 
Louisville, Ky. 
Negro teachers, placement of, 67 
student preferences, 1962 study, 110 



M 



Madison Area Project, Syracuse, N.Y. 
compensatory programs and desegrega- 
tion, 128 
elementary school segment, remedial and 
cultural enrichment services provided, 
129 
Magnet schools 
specialized courses offered to attract white 

and Negro students, 165 
voluntarv enrollment, Los Angeles, Calif., 
165 
Maps 

Chicago, 111. and St. Louis, Mo., racial 
concentration in, 31 
McLaurin v. Oklahoma State Board of Regents 
for Higher Education rationale of opinion, 
189 
Median annual income 

nonwhite and white families, 1949-64, 14 
Metropolitan areas 
desegregation, 151 

education park plan, need for inter- 
governmental cooperation final con- 
sideration of feasibility, 1 8 1 



Metropolitan areas — Continued 

park system, St. Paul, Minn., feasibility 
study being conducted for school sys- 
tem, 171 

population trend, 18 

school district organization, 17 
Milwaukee, Wis. 

busing, 56 

1965 Elementary and Secondary Ed- 
ucation Act, Title I, allotments to city 
schools under, 118 

racial separation, 6 

school attendance, practices bearing on 
new school construction, alternatives 
to, 50 

school quality and student performance, 
teachers, 93 
Mount Vernon, N.Y. 

"Children's Academy" developed to 
reduce racial imbalance, 164 

N 
Nashville, Tenn. 

number of grades accommodated by 
Meigs School as determining racial com- 
position of student body, 65 
National Defense Education Act 
funds from 
allocation of, 28 

impact upon city-suburban imbalance, 
28 
Negroes and whites 
racial association, differences between 
those attending segregated and de- 
segregated schools, 1 1 2 
racial attitudes and preferences effected 
by racial composition of schools they 
attend, 110 
New Jersey 

(see also names of cities) 
State Commissioner of Education 1923 
ruling, reaffirmed in 1930, on providing 
special schools for Negroes in their 
residential areas, 42 
New York City 
All Day Neighborhood School Program, 
compensatory education program, 120 
boundary changes to promote desegre- 
gation, 150 
busing Negro children to majority-white 
school as facilitating interracial student 
association, 158 
education complexes, fully developed 
proposal for system of designed by 
Center for Urban Education, 1 966 
education parks, plans for, 170, 175 
Higher Horizons Program for Under- 
privileged Children, compensatory 
education program, 120 



270 



Newairk, N.J. 

racial separation, 6 
1965 Elementary and Secondary Education 
Act, Title I, 28 

allotments to city schools under, 1 18 

revenues per pupil from State sources; 
entitlements for grants under, fiscal 
1966, 29 

white children, economically disadvan- 
taged, attending nearly all-white 
schools, funds for, 1 18 

O 

Oakland, Calif. 

elementary school attendance areas, size 

of, 41 
Negro elementary school enrollment in 

1965, 8 
school attendance, practices bearing on 
new school construction, alternatives 
to, 50 
school construction, site selection and 
school size, effect on racial desegre- 
gation of students, 45 
school quality and student performance, 
teachers, 93 
Occupations (see Income and occupations) 
Ohio (see also specific names of cities) 

separate schools for Negro students, 
maintenance of into the 1 950's, 43 
Omaha, Nebr. 

racial separation, 7 
Open enrollment 

limitations inherent in, 148 
Other disparities (see Disparities, educa- 
tional and other) 



Pairing 

school desegregation, 141 
Parochial schools 
(see also Education; Private schools; Pub- 
lic schools) 
enrollment, 31 

proportion of total elementary students, 
by race, for larger metropolitan areas, 
1960, 38 
Pasadena, Calif. 
Washington Elementary School, racial 
composition, changes in, 10 
Philadelphia, Pa. 
compensatory programs and desegrega- 
tion, comparative effects of, 128 
desegregated education park sites, feas- 
ibility of establishing, Davidoff paper, 
118 
Education Improvement Program, 1 32 
busing, 134 

general levels of academic achievement 
for Negro students in nearly all-Negro 
schools, failure to improve, 136 



Philadelphia, Pa. — Continued 

Education Improvement Program — Con. 
per pupil expenditure, 132 
reading achievement levels, 133 
third grade median reading level of 
bused students, 135 
magnet schools, program providing for 
financed in part with Federal funds, 
165 
racial concentration pattern, 3 
racial separation, 6 

school quality and student performance, 
teachers, 93 
Pittsburgh, Pa. 
compensatory education programs, 1 1 7 
education parks 
estimated costs, 1 78 
site location and rapid mass transit, 181 
system to serve secondary school stu- 
dents currently being planned, 170 
Plessy v. Ferguson 

"separate but equal" rule of, segregated 
law school and graduated school edu- 
cation, 190 
Pontiac, Mich, 
residential segregation, index as of 
1960, 12 
population trend, table, 18 
Preschool children 
Head Start program. Office of Economic 
Opportunity, 116, 139 
Preschool years 

social class origin, effect, 77 
President's Science Advisory Committee 
quality of education and individualized 
attention emphasized, 171 
Princeton, N.J. 

school pairing introduced in 1948, 142 
Private schools 

{see also Parochial schools ; Public schools) 
enrollment, 31 

proportion of total elementary students, 
by race, for larger metropolitan areas, 
1960, 38 
"Project Concern" 

Hartford, Conn., 153 
Public schools 

{see also Education; Parochial schools; 

Private schools) 
advantaged and disadvantaged children, 

performance of, 97 
Albuquerque, N. Mex. 

education park system, plans for, 171 
attendance, practices bearing on, 44 
Baltimore, "districting" permitted in 
overcrowding situation, different stand- 
ards of overcrowding used, 68 
Berkeley, Calif, "student-teacher con- 
cern" boards as safety valve devices, 158 



271 



Public Schools — Continued 
Burns-Paderewski boundary, Chicago, 

111., illustration, 48 
busing (see Busing) 
causes of racial isolation in, 1 7 
central city, patterns of stratification and 

racial isolation, 31 
Cleveland, Ohio in 1920's, schools in 

central area of city, 40 
Cleveland School Board's policy on 

busing, 57 
Ccmmissioner Freeman's statement, 213 
compensatory education programs 
Berkeley, Calif., institutes programs at 
four majority-Negro schools, 130, 131 
in cities, distribution by racial composi- 
tion 
of schools, 1965-66, 118 
Philadelphia, Pa., Civil Rights Com- 
mission study, 132 
ccmputer programs, use of, aid to 

teachers, Lortie and Keppel, 174 
corstruction of new school facilities, 
determinations concerning, effect on 
racial isolation, 44 
desegregating schools and improving 
quality of education, promising plans 
for, summary, 183 
desegregation 
alterations in attendance areas, 149 
boundary changes as means of eliminat- 
ing racial imbalance, 150 
effectivity depends on number of 

factors, 154 
extent and techniques, 140 
maintenance of educational standards, 

159 
minimizing the possibility of interracial 

friction, 156 
pairing, 141 

plans and proposals, 163 
racial imbalance, need for, Congres- 
sional remedy, 187 
remedial assistance, 162 
school closing, 143 
site selection, device to relieve racial 

imbalance, 149 
small cities and suburbs, 141 
Southern and border cities, residence 
important factor in determining 
school attendance, 50 
success of, factors in ; involvement of all 

schools in community, 154, 156 
supplementary centers, 164 
without altering attendance areas, 147 
education complexes, proposals for, 166 
education parks, 167 
construction of, use of existing facilities, 

179 
construction time, 179 
■ estimated costs, Pittsburgh, Pa., 178 



Public Schools — Continued 
education parks — continued 
feasibility ; construction costs, 177 
intergovernment cooperation, need for 
final consideration of feasibility, 181 
plans for, 167, 175 

V. scattered school sites, cost compari- 
son, Syracuse, N.Y., 178 
size, location, and organization, 169 
transportation, increased need for, 180 
educational policies and practices, 202 
effect on racial concentrations in city 

schools, 39 
educational standards, maintenance of, 

159 
elementary school attendance, Oakland, 
Calif., Chicago, 111., 41 
elementary school construction 
11 southern cities, 1950-65, 64 
17 cities which opened (1950-65), num- 
ber and percentage of, table, 45 
elementary schools, segregation, extent 
of in, 75 
school systems, table, 4 
extent of racial isolation in, 2 
friction between racial groups, extent 
of. Office of Education survey, teachers 
asked to report on, 157 
grades accommodated by school, factor 
determining racial composition of stu- 
dent body, 65 
growth of racial isolation, 8 
isolated schools, compensatory programs 

in, 205 
low-rent housing projects, schools serving 
Chicago, 111., 38 
Cincinnati, Ohio, 37 
San Francisco, Calif., 37 
majority-Negro schools, effects of com- 
pensatory education in, 120 
metropolitan dimensions, 17 
Negro and white Americans,- disparities, 

early appearance and results, 74 
Negro children, academic disadvantages, 

remedy for, 1 1 5 
New York City 

busing Negro children to majority-white 
school, facilitating interracial student 
association, 158 
education complexes, system of, 166 
1965 Elementary and Secondary Educa- 
tion Act, Title I, allotments to city 
schools under, 118 
northern attendance patterns, develop- 
ment of, 40 
Philadelphia, Pa., magnet schools, pro- 
gram providing for, 165 
Pittsburgh, Pa., education park system 

being planned, 1 70 
population movements in metropolitan 
areas, effect on school-age children, 200 



272 



Public Schools — Continued 
predominantly Negro schools, compen- 
satory education program explored, 1 15 
purposeful segregation 
recent court decisions, 42 
violative of Constitution, Northern 
cities, 207 
racial and economic isolation between 
city and suburbs, trend toward, 
effect on financing of schools, 25 
racial composition and student equality, 

96, 204 
racial composition of schools v. social class 

composition of schools, 89 
racial imbalance, failure of Civil Rights 

Act of 1964 to overcome, 187 
racial isolation 
and outcomes of education, 73, 202 
elimination of, actions by state, 188 

et seq. 
power of Congress to enact legislation 
to eliminate, 188 
racially isolated schools, 103 

city schools, causes of, summary, 70 
compensatory programs in isolated 

schools, 115, 128 
Constitution confers upon Congress 
power to require elimination of, 188 
cumulative effects, 106 
outcomes of education for Negro stu- 
dents, summary, 1 1 3 
perpetuation of racial isolation, 109 
predominantly Negro schools as stig- 
matized institutions, 104 
racial association, 112 
racial attitudes, 1 10 
remedy, 1 1 5 

trends; causes of, 199, 200 
residential segiegation, high degree of, 

reflected in schools, 201 
rising costs and declining tax base, effect 
on cities' capacity to support educa- 
tion, 25 
Rochester, N.Y. 
transfer, opportunity to, school system 
letters to parents of children in cer- 
tain schools located in Negro resi- 
dential areas, 147 
school attendance, practices bearing on 
busing; boundaries, 46, 47, 56 
free-choice provisions, 66 
geographic school attendance system 
imposed upon segregated housing 
patterns, effect on racial isolation 
in Northern schools, 59 
neighborhood attendance, exceptions 

to, 51 
new school construction, alternatives 

to, 50 
optional zones, 52, 53 



Public Schools — Continued 
school attendance — continued 
St. Louis, school administrator's com- 
pliance with Brown decision by 
converting from dual to single at- 
tendance school zones, 60 
school construction, 44 
site selection and school size, 45, 61, 64 
Southern and border States, residential 
segregation, effect of desegregation 
in schools, 60 
teaching staff, continued segregation 
of as impeding desegregation under 
free-choice plan, 67 
transfers, 54 
school construction 
Atlanta since 1954, location intracity, 

63 
boundaries, 47 

Houston, location intracity, 62 
school pairing introduced in 1948, 

Princeton, N.J., 142 
school quality and social class composition 
of schools, 94 
facilities and curriculum, 94 
school quality and student performance, 

91 
segregation 
compounded by other school policies 
and practices in Northern and 
Western school systems, 59 
not imposed by purposeful action of 
school authority as violative of Con- 
stitution, open question, 207 
Southern and border State schools, 59 
separate schools for Negroes, mainte- 
nance of in various States, 42 
site selection and school size 
Oakland, Calif., school officials' actions, 
effect on limiting racial desegregation 
of students, 45 
San Francisco, effect on racial composi- 
tion of schools, 46 
small cities 
single education plaza, East Orange, 
N.J., 170 
social class composition of schools, 81 
Southern and border States 
school segregation in, 1954 Brown 

decision, 59 
site selection, 61 
state contributions to city school systems, 

29 
student preferences in Louisville, Ky., 

1962 study, 110 
suburban school systems, selection of 
teachers, 30 



273 



Public Schools — Continued 

Supreme Court 1954 ruling, increased 
attention given to effects of school 
segregation not based on law, questions 
and assessments, 73 

Syracuse, N.Y., education park system, 
168 

teacher salary expenditures per pupil by 
cities, 27 

urban renewal projects, elementary 
schools serving, 34 

welfare and public safety, per capita ex- 
penditures, effect on budget allocation 
for education, 26 

White Plains, N.Y. 
desegregation, maintenance of educa- 
tional standards, 160 
Purposeful segregation, 42 

R 

Racial composition and student perform- 
ance 
achievement of Negro students in law and 

medium ability groups, 101 
selection, 100 
Racial concentration 
Cleveland, Ohio, 3 
Philadelphia, Pa., 3 
Racial imbalance 
alterations in attendance areas, 149 
boundary changes, 150 
site selection, 149 
Racial isolation 
and central city, 201 
barriers to remedy, 195 
barriers to understanding, 194 
causes of, 17 

metropolitan dimensions, 200 
city school systems' policies and practices, 

impact on racial composition of schools, 

202 
compensatory programs in isolated 

schools, 205 
disparities in outcomes of education for 

Negro and white Americans, 202 
extent, content, context, 1, 199 
law, role of, 207 
Negro children, grave injustice inflicted 

upon, need for understanding and 

remedy, 194 et seq. 
perpetuation of, racial attitudes, 110 
population movements in metropolitan 

areas, reflection on school-age chil- 
dren, 200 
role of law, 1 85 

Congress, Constitution confers upon 
power to require elimination of 
racial isolation in public schools, 188 

Constitutional duty of a State to 
eliminate, 185 

State actions to eliminate, 1 86 



Racial isolation — Continued 
self-perpetuating, 204 
trends in public schools, 199 
Racial isolation and outcome of education 
cumulative effects, school effects, 106 
individual social class, 77 
perpetuation of, 109 
racial association, 112 
racial attitudes, 110 

racial composition and student perform- 
ance, selection, 100 
racially isolated school, 103 
school quality and racial composition, 96 
school quality and social class composition 
of schools, 94 

facilities and curriculum, 94 
school quality and student performance, 

91 
schools, social class composition of, 81 
social class and racial composition, 89 
summary, 1 1 3 
Racial isolation and population trends 
central cities, 1 2 
educational disparities, 13 
metropolitan areas, 1 1 
other disparities, 14 
Racially isolated schools {see Public schools) 
Rochelle, N.Y. 

purposeful segregation, 42 
Rochester, N.Y. 
Civil Rights Commission hearing, school 

desegregation, 159 
metropolitan desegregation, 151 
racial imbalance, part of overall plan to 
alleviate, open enrollment plan, busing, 
147 
racially imbalanced schools, students 
selected to go to school in suburbs, 151 
Rock, William, 159 



St. Louis, Mo. 

Banneker Project, compensatory educa- 
tion program, 120 

de jure segregated public schools before 
Brown decision ,10 

racial concentration, map, 31 

school attendance, 1954 Brown decision, 
voluntary compliance of school ad- 
ministrators in converting from dual to 
single attendance school zones, GO 
St. Paul, Minn. 

metropolitan park system, feasibility 
study being conducted, 171 
San Antonio, Tex. 

school construction, effect on school's 
racial composition, 65 



274 



San Francisco, Calif, 
compensatory education, ! 1 7 
low-rent public housing projects, 37 
1965 Elementary and Secondary Educa- 
tion Act, Title I, allotments to city 
schools under, 1 18 
school attendance, practices bearing on 

Geary-Emerson Optional Zone, 52 
site selection and school size, effect on 
racial composition of schools, 46 
School desegregation (see Desegregated 

schools) 
School district organization, 17 
School redistricting 

Boston, Mass., New York City, 150 
Seattle, Wash, 
compensatory programs and desegrega- 
tion, comparative effects of, 128 
Segregation in schools 
not imposed by purposeful action by 
school authority as violative of Consti- 
tution, open question, 207 
racial isolation within, avoidance of, 161 
Shapiro, Elliott, 126 
Shriver, Sargent, 139 

Social and economic disparities (see Dis- 
parities, educational and other) 
Social and economic trends, 19 
changes in social and economic status of 
of population in 23 largest metropolitan 
areas 1950 to 1960, 20 
Social class and outcomes of education, 81, 
82, 84 
advantaged and disadvantaged children, 
relationship to education, 77, 79, 82, 84, 
86, 88 
Equality of Educational Opportunity 

survey, 79, 86 
importance to achievement and attitudes 
of Negro students as compared with 
whites, 203 
individual social class, 77, 79 
social class and racial composition, 89 
Southern and Border State schools 
busing, availability of transportation to 
school outside one's neighborhood as 
limiting exercise of choice, 68 
free-choice provisions, 66 
proportion of Negroes in totally Negro 
schools since 1954 Supreme Court 
decision, 10 
residential segregation, 60 
site selection 61 
State and local governments 
policies and practices of, effect on racial 
and economic separation, 33 
Students 
outcomes of education for Negro stu- 
dents, summary, 113 



Students — Continued 
racially isolated schools 
effect on achievement of Negro stu- 
dents, 103 
high school sudent from, entry into 
predominantly white school, difficul- 
ties encountered, 106 
social class origin, outcomes of education 
related to, applicable to both whites 
and Negroes, 77 
"Student-teacher concern" boards 

Berkeley, Calif, 158 
Suburbs (see Cities and suburbs) 
Sullivan, Neil, 131 

Supplementarv centers and magnet schools, 
163 

small communities, school desegregation 
plans and proposals, 163 
Sweatt V. Painter 

rationale of opinion, 189, 191 
Syracuse, N.Y. 
education park 
plan for, 175 
V. scattered school sites in core city, 

cost comparison, 1 78 
system, 168 
Madison Area Project 
compensatory program, 128 
elementary school segment, remedial 
and cultural enrichment services pro- 
vided, 129 
school closing as means of desegregating 
schools, 144 



Tables (for list of Tables see end of Index) 
Teachers 
applicants, larger pool available to sub- 
urban school systems, 30 
computer programs as helping teachers 

improve their effectiveness. University 

of Chicago professor of education, 174 
Negro students more likely to have 

teachers with low verbal achievement, 

effect, 203 
Negro teachers, placement of, Houston, 

Louisville, and Atlanta, 67 
racially isolated schools, 104 
relationship between quality of teaching 

and achievement of Negro students, 203 
salary range in city and suburban schools 

in northeastern U.S., 30 
school quality and student performance, 

93 
segregation of teaching staff, Cincinnati, 

Ohio, court decision, 43 
suburban school systems, availability of 

larger pool of applicants than central 

city system, 30 



275 



Teachers— Continued 
teacher quality, student performance, and 
social class composition of schools; 
tables, 95, 97, 98 
Teaneck, N.J. 
desegregation of elementary schools by 
establishing central schools, 143 
Transfers 
school, systems, use to relieve overcrowd- 
ing, 54 
Seattle Public Schools program, 131 
Transportation 
{see also Busing) 
cost of as factor in feasibility of education 

park plans, 181 
education park plans, costs of transporta- 
tion as factor in feasibility of, 181 

U 

U.S. Army 
tests to inductees, whites and Negroes, 
differences in achievement, 74 



Voting Rights Act of 1965 
Katzenbach v. Morgan, 188 

W 

Washington, D.C. 

Negro population, 13 
Wayland, Sloan, 115 
White Plains, N.Y. 
desegregation 
devices and means used by school 

officials, 144 
maintenance of educational standards, 
160 
Wood, Robert, 181 



Xenia, Ohio 
all-Negro elementary school closed in 
1964, converted into demonstration 
school, 161 



Comparison of 8th-grade reading test 
scores among Banneker schools, other 
nearly all-Negro schools, and nearly all- 
white schools, 1962-63 and 1965-66, 122 

Distribution of compensatory education 
programs among elementary schools in 
12 city school systems, by racial com- 
position of schools— 1965-66, 118 

Elementary and Secondary Education Act, 
Title I, entitlements for grants under, 
fiscal year 1966, 29 

Elementary school construction in 1 1 
southern cities, 1950-65, 64 

276 



Elementary schools constructed in 1 7 cities 
which opened (1950-65), number and 
percentage of, 45 
Elementary school segregation in 75 school 

systems, extent of, 4 
Income levels: Percent of Negroes earning 
over S6,500 per year (median income of 
the sample), 108 
Instructional expenditures per pupil, 28 
Metropolitan white population, percent of, 
in central city and suburbs, by age, 1950 
and 1960, 18 
Negro elementary enrollment in 90-100 
percent Negro and majority-Negro schools 
in Northern school systems, change in 
number and proportion of, 9 
Negro students' achievement controlling 

for school average achievement, 102 
Negro students in low and medium ability 

groups, achievement of, 101 
Percent of Negro adults living in mostly 

white neighborhoods, 1 1 3 
Percent of Negro parents with children in 

majority-white schools, 1 1 3 
Percent of Negroes where main family 

earner holds a white-collar job, 109 

Performance of 12th-grade white students 

in all and majority-white classrooms, 160 

Public and nonpublic schools, proportion of 

total elementary students by race, 15 

large metropolitan areas, 1960, 39 

Revenues per pupil from State sources, 29 

School quality, student performance, and 

social class composition of schools, 95 
Schools with compensatory programs under 
Title I : Elementary schools in city school 
system by racial composition of schools, 
1965-66, 119 
Social and economic status of population in 
23 largest metropolitan areas, changes in, 
1950 to 1960, 20 
Teacher quality and student performance in 

majority-Negro schools, 97 
Teacher quality and student performance in 

majority-white schools, 98 
Teacher quality and student performance in 
majority-white and majority-Negro 
schools, 98 
Teacher quality, student performance, and 

social class composition of schools, 95 
Teacher salary expenditures per pupil by 

cities and suburbs, 27 
Teachers, salary range in city and suburban 

schools in northeastern U.S., 30 
20 Selected Northern and Southern Cities, 
extent of elementary school segregation 
in, based on proportion of Negro students 
in 90-100 percent Negro and majority 
Negro elementary school, 7 
Urban services in central cities and suburbs, 
expenditures for, 1957, 26 



U.S. GOVERNMENT PRINTING OFFICE: 1967 O — 243-637 



UNIVERSITY OF ALABAMA LIBRARIES 

Main Library 

DATE BOOK IS DUE BACK 

This book is due baelt on or before the last date stamped 
below. If it is returned after that date, the borrower 
will be charged a daily fine. In checking the book out, 
the borrower assumes responsibility for returning it. 
No "over-due" notice will be sent out from the Library.